The State Pension Credit Regulations 2002

Changes over time for: Paragraph 13

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Status:

Point in time view as at 12/12/2005.

Changes to legislation:

The State Pension Credit Regulations 2002, Paragraph 13 is up to date with all changes known to be in force on or before 20 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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13.—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner [F1who is]—

(a)F2... a diagnosed person;

(b)[F3a diagnosed person’s partner or] was a diagnosed person’s partner at the time of the diagnosed person’s death;

(c)F4... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(2) Where [F5a trust payment is made to]—

(a)[F6a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph] shall apply for the period beginning on the date on which the trust is made and ending on the date on which [F6that person] dies;

(b)[F7a person referred to in sub-paragraph (1)(c), that sub-paragraph] shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant’s partner [F8who is]—

(a)F9... the diagnosed person;

(b)[F10a diagnosed person’s partner or] was a diagnosed person’s partner at the date of the diagnosed person’s death; or

(c)F11... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(4) Where [F12a payment referred to in sub-paragraph (3) is made to]—

(a)[F13a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph] shall apply for the period beginning on the date on which the payment is made and ending on the date on which [F13that person] dies;

(b)[F14a person referred to in sub-paragraph (3)(c), that sub-paragraph] shall apply for the period beginning on the date on which the payment is made and ending two years after that date.

(5) In this paragraph, a reference to a person—

(a)being the diagnosed person’s partner;

(b)acting in place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person [F15residing in a care home or an independent hospital] .

(6) In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant [F16Creutzfeldt]-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant [F16Creutzfeldt]-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“trust payment” means a payment under a relevant trust.

Textual Amendments

F1Words in Sch. V para. 13(1) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(i)

F2Word in Sch. V para. 13(1)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(ii)

F3Words in Sch. V para. 13(1)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(iii)

F4Word in Sch. V para. 13(1)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(iv)

F5Words in Sch. V para. 13(2) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(v)

F6Words in Sch. V para. 13(2)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(vi)

F7Words in Sch. V para. 13(2)(b) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(vii)

F8Words in Sch. V para. 13(3) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(viii)

F9Word in Sch. V para. 13(3)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(ix)

F10Words in Sch. V para. 13(3)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(x)