28. Where property is held under a trust, other than—
(a)a charitable trust within the meaning of the Charities Act 1993 M1; or
(b)a trust set up with any payment to which paragraph 16 of this Schedule applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.
Marginal Citations