(1)In this Act “disabled person's interest” means—
(a)an interest in possession to which a person is under section 89(2) above treated as beneficially entitled,
(b)an interest in possession to which a person is under section 89A(4) above treated as beneficially entitled,
(c)an interest in possession in settled property (other than an interest within paragraph (a) or (b) above) to which a disabled person becomes beneficially entitled on or after 22nd March 2006, or
(d)an interest in possession in settled property (other than an interest within paragraph (a) or (b) above) to which a person (“A”) is beneficially entitled if—
(i)A is the settlor,
(ii)A was beneficially entitled to the property immediately before transferring it into settlement,
(iii)A satisfies Her Majesty's Commissioners for Revenue and Customs as mentioned in section 89A(1)(b) above,
(iv)the settled property was transferred into settlement on or after 22nd March 2006, and
(v)the trusts on which the settled property is held secure 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.
(2)Subsections (4) to (6) of section 89 above (meaning of “disabled person” in subsection (1) of that section) have effect for the purposes of subsection (1)(c) above as they have effect for the purposes of subsection (1) of that section.
(3)Section 71D above does not apply to property in which there subsists a disabled person's interest within subsection (1)(c) above (but see also section 71D(5) above).]
Textual Amendments
F1Ss. 89A, 89B inserted (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 paras. 6(1)(3)