28. Where property is held under a trust, other than –
(a)a charitable trust within the meaning of the Charities Act 1993(1), or
(b)a trust set up with any payment to which paragraph 16 of this Schedule applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.
(1)