SCHEDULE 6Capital Disregards

PART 2Capital disregarded only for the purposes of determining deemed income

I133

Where property is held under a trust, other than—

a

a charitable trust within the meaning of the Charities Act 1993; 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 applicant or the applicant’s partner, or both, that property.