ihta84/s89.- Trusts for disabled persons.

[1975 Sch.5
para.19; 1981
s.103.]

89.-(1) This section applies to settled property transferred into settlement after 9th March 1981 and held on trusts-

(a) under which, during the life of a disabled person, no interest in possession in the settled property subsists, and

(b) which secure that not less than half of the settled property which is applied during his life is applied for his benefit.

(2) For the purposes of this Act the person mentioned in subsection (1) above shall be treated as beneficially entitled to an interest in possession in the settled property.

1958 c.23
(N.I.)

(3) The trusts on which settled property is held shall not be treated as falling outside subsection (1) above by reason only of the powers conferred on the trustees by section 32 of the Trustee Act 1925 or section 33 of the Trustee Act (Northern Ireland) 1958 (powers of advancement).

1983 c.20.

1992 c.4
1992 c.7

(4) The reference in subsection (1) above to a disabled person is, in relation to any settled property, a reference to a person who, when the property was transferred into settlement, was-

(a) incapable, by reason of mental disorder within the meaning of the Mental Health Act 1983, of administering his property or managing his affairs, or

(b) in receipt of an attendance allowance under section [64 of the Social Security Contributions and Benefits Act 1992 or section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or

(c) in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 192 by virtue of entitlement to the care component at the highest or middle rate. ¹ ]

1 Substituted by the Living Allowance and Disability Working Allowance Act 1991 (c21) with effect from 6 April 1992, and the Security (Consequential Provisions) Act 1992 (c.6) with effect from 1 July 1992. Previously "35 of the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975".