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12. Treatment of income arising as a result of certain public subscriptions raised on behalf of incapacitated individuals.
The Principal Act is hereby amended -
(a) in Chapter 1 of Part 7 by the insertion of the following section after section 189:
"189A. Special trusts for permanently incapacitated individuals.
(1) In this section -
'incapacitated individual' means an individual who is permanently and totally incapacitated, by reason of mental or physical infirmity, from being able to maintain himself or herself;
'public subscriptions' means subscription, in the form of money or other property, raised, following an appeal made in that behalf to members of the public, for the benefit of one or more incapacitated individual or individuals, whose identity or identities is or are known to the persons making the subscriptions, being subscriptions that meet either of the following conditions, namely -
(a) the total amount of the subscriptions does not exceed £300,000, or
(b) no amount of the subscriptions, at any time on or after the specified return date for the chargeable period for which exemption is first claimed under either subsection (2) or (3), constitutes a subscription made by any one person that is greater than 30 per cent of the total amount of the subscriptions;
'qualifying trust' means a trust established by deed in respect of which it is shown to the satisfaction of the inspector or, on appeal, to the Appeal Commissioners, that -