Valid from 22/03/2006
[F189ASelf-settlement by person with condition expected to lead to disabilityU.K.
(1)This section applies to property transferred by a person (“A”) into settlement on or after 22nd March 2006 if—
(a)A was beneficially entitled to the property immediately before transferring it into settlement,
(b)A satisfies the Commissioners for Her Majesty's Revenue and Customs that, when the property was transferred into settlement, A had a condition that it was at that time reasonable to expect would have such effects on A as to lead to A becoming—
(i)a person falling within section 89(4)(a) above,
(ii)in receipt of an attendance allowance mentioned in section 89(4)(b) above, or
(iii)in receipt of a disability living allowance mentioned in section 89(4)(c) above by virtue of entitlement to the care component at the highest or middle rate, and
(c)the property is held on trusts—
(i)under which, during the life of A, no interest in possession in the settled property subsists, and
(ii)which secure that Conditions 1 and 2 are met.
(2)Condition 1 is that if any of the settled property is applied during A's life for the benefit of a beneficiary, it is applied for the benefit of A.
(3)Condition 2 is that any power to bring the trusts mentioned in subsection (1)(c) above to an end during A's life is such that, in the event of the power being exercised during A's life, either—
(a)A or another person will, on the trusts being brought to an end, be absolutely entitled to the settled property, or
(b)on the trusts being brought to an end, a disabled person's interest within section 89B(1)(a) or (c) below will subsist in the settled property.
(4)If this section applies to settled property transferred into settlement by a person, the person shall be treated as beneficially entitled to an interest in possession in the settled property.
(5)For the purposes of subsection (1)(b)(ii) above, assume—
(a)that A will meet the conditions as to residence under section 64(1) of whichever of the 1992 Acts is applicable, and
(b)that there will be no provision made by regulations under section 67(1) and (2) of that Act.
(6)For the purposes of subsection (1)(b)(iii) above, assume—
(a)that A will meet the prescribed conditions as to residence under section 71(6) of whichever of the 1992 Acts is applicable, and
(b)that there will be no provision made by regulations under section 72(8) of that Act.
(7)For the purposes of subsection (3) above, ignore—
(a)power to give directions as to the settled property that is exercisable jointly by the persons who between them are entitled to the entire beneficial interest in the property, and
(b)anything that could occur as a result of exercise of any such power.
(8)In this section “the 1992 Acts” means—
the Social Security Contributions and Benefits Act 1992, and
the Social Security Contributions and Benefits (Northern Ireland) Act 1992.]
Textual Amendments
F1Ss. 89A, 89B inserted (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 paras. 6(1)(3)