The State Pension Credit Regulations (Northern Ireland) 2003

Prospective

15.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust or the Independent Living Funds. N.I.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where –

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child who is or had been a member of that person’s household, and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,

but only for a period from and including the date of the payment until the end of 2 years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where –

(a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child who was or had been a member of his household, and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,

but only for a period of 2 years from and including the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund and the Eileen Trust.

(8) In this paragraph –

“child” means any person treated as a child for the purposes of Part IX of the Contributions and Benefits Act (child benefit);

“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;

“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations;

“sandwich course” has the meaning given in regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000(1), regulation 5(2) of the Education (Student Support) Regulations 2001(2) or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000(3), as the case may be;

“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking –

(a)

a course of study at an educational establishment, or

(b)

a qualifying course;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable –

(a)

out of public funds by a government department or by or on behalf of the Department for Employment and Learning;

(b)

to a person for his maintenance or in respect of a member of his family, and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Department for Employment and Learning,

but it does not include an allowance paid by any government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 or is training as a teacher.

Commencement Information

I1 Sch. 5 para. 15 in operation at 6.10.2003, see reg. 1(1)

(1)

S.R. 2000 No. 213

(2)

S.I. 2001 No. 951

(3)

S.I. 2000/200