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The Child Trust Funds Regulations 2004
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- UK Statutory Instruments
- 2004 No. 1450
- PART 2
- Regulation 18A
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Changes over time for: Section 18A
Version Superseded: 26/07/2021
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[F1Permitted withdrawals from an account where the child is terminally illU.K.
This section has no associated Explanatory Memorandum
18A.—(1) A person with parental responsibility (or, in Scotland, parental responsibilities) for the named child (including a local authority, but excluding a person under 16), or the named child if 16 or over, may make a claim to the Board, for withdrawals from an account to be permitted in accordance with this regulation.
(2) The claim shall be—
(a)made in a manner prescribed by the Board, which shall include the giving of any consent necessary for the verification or consideration of the claim, and
(b)accepted in either of the following cases:
[F2Case 1
The child:
(i)in England and Wales or Scotland falls within either section 72(5) of the Social Security Contributions and Benefits Act 1992 (special rules for terminally ill person’s entitlement to care component of disability living allowance) or section 82(4) of the Welfare Reform Act 2012 (terminal illness); or
(ii)in Northern Ireland, falls within section 72(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the care component).]
Case 2
Evidence that the named child is terminally ill has been supplied to the satisfaction of the Board.
(3) The Board shall issue a letter to the claimant authorising withdrawals from the account under this regulationF3....
(4) Once a claim has been accepted, withdrawals may be made by the registered contact (on behalf of the named child, where he is not the child) at any time—
(a)provided that, immediately following any withdrawal, a balance sufficient to keep the account open is maintained in the account, and
(b)excepting any transfer of a policy of life insurance (as opposed to the proceeds from such a policy).
(5) Where account investments are withdrawn in a form other than sterling currency, regulation 36(1)(b) shall apply (with any necessary modifications) to any such investment immediately before it is withdrawn.
(6) In this regulation, “terminally ill” has the meaning
[F4(a)for England, Wales and Scotland,] in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992 [F5or in section 82(4) of the Welfare Reform Act 2012 (terminal illness); or
(b)for Northern Ireland, in section 72(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the care component)].]
Textual Amendments
F1Reg. 18A inserted (6.4.2005) by The Child Trust Funds (Amendment) Regulations 2004 (S.I. 2004/2676), regs. 1, 12
F2Words in reg. 18A(2)(b) substituted (6.4.2014) by The Child Trust Funds (Amendment) Regulations 2014 (S.I. 2014/649), regs. 1, 6(1)
F3Words in reg. 18A(3) omitted (6.4.2014) by virtue of The Child Trust Funds (Amendment) Regulations 2014 (S.I. 2014/649), regs. 1, 6(2)
F4Words in reg. 18A(6) inserted (6.4.2014) by The Child Trust Funds (Amendment) Regulations 2014 (S.I. 2014/649), regs. 1, 6(3)(a)
F5Words in reg. 18A(6) inserted (6.4.2014) by The Child Trust Funds (Amendment) Regulations 2014 (S.I. 2014/649), regs. 1, 6(3)(b)
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