PART 2Other requirements to be satisfied in relation to accounts
F1Permitted withdrawals from an account where the child is terminally ill18A
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 F6... 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); F7...
- (ii)
in Northern Ireland, falls within section 72(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the care component)F14and, for this purpose, section 66(2)(a) of that Act (attendance allowance for the “terminally ill”) is deemed to apply as if for “6 months” there were substituted “12 months.”F8; or
- (iii)
in Scotland, falls within either of the provisions mentioned in paragraph (i), or is to be regarded as having a terminal illness, in accordance with regulations for disability assistance for children and young people F12, or regulations for disability assistance for working age people, made under section 31 of the Social Security (Scotland) Act 2018.
- (i)
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 regulation F3....
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Where account investments are withdrawn in a form other than sterling currency, regulation 36(1)(b) shall apply (with any necessary modifications) to any such investment immediately before it is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
F4a
b
for Northern Ireland, in section 72(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the care component)F15and, for this purpose, section 66(2)(a) of that Act (attendance allowance for the “terminally ill”) is deemed to apply as if for “6 months” there were substituted “12 months.”F9; or
c
for Scotland, as set out in regulations F13for disability assistance for children and young people, or regulations for disability assistance for working age people, made under section 31 of the Social Security (Scotland) Act 2018.