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Version status: In force | Document consolidation status: No known changes
Version date: 20 October 2021 - onwards
Version 2 of 2

5. Duty of Executive to determine whether paragraph 6B of Part 3 of Schedule 1 applies

The Principal Act is amended by the insertion of the following section after section 14B (inserted by section 4):

"14C.

(1) This section applies where -

(a) a person is receiving care services (in this section referred to as the 'relevant person'),

(b) one or more family successors have been appointed in respect of the relevant person in relation to a particular family asset, and

(c) the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous).

(2) The Executive shall -

(a) if satisfied that the conditions in subsection (4) are met, make a determination that, with effect from the date specified in the determination, paragraph 6B of Part 3 of Schedule 1 applies in respect of the relevant person in relation to the particular family asset, or

(b) if not so satisfied, make a determination that paragraph 6B of Part 3 of Schedule 1 does not apply in respect of the relevant person in relation to the particular family asset.

(3) Where the Executive makes a determination under subsection (2)(a), the date specified in the determination shall not be earlier than the later of the following dates -