Further provision about declarations and orders

14Insurance against claims: insurers paying capital sums

1

Before paying a capital sum to a person as a result of a declaration under this Act, an insurer may require the person to take out an insurance policy in respect of any claim which the insurer may make in the event of a variation order being made.

2

The policy must be taken out—

a

in the person’s own name, and

b

for the benefit of the insurer.

3

Subsection (1) does not apply where the sum is paid in respect of an annuity or other periodical payment.

4

In this section “insurer” means any person who provides for the payment of a benefit on a person’s death.