SCHEDULE V INCOME FROM CAPITAL
PART ICapital disregarded for the purpose of calculating income
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
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
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 being in a care home.
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 F15Creutzfeldt-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 F15Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.