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36(1)After section 28 of FA 2005 insert—
(1)In a case where this section applies, section 629(1) of ITTOIA 2005 shall not apply in respect of a payment by the trustees of a settlement to a beneficiary under the settlement.
(2)This section applies if in a year of assessment—
(a)the trustees make a payment to a vulnerable person,
(b)the payment is made out of qualifying trusts income,
(c)the vulnerable person is a relevant child (within the meaning given by section 629 of ITTOIA 2005) of a settlor in relation to the settlement, and
(d)the trustees have made a successful claim for special income tax treatment under section 25.”
(2)This paragraph shall have effect in relation to payments made on or after 6th April 2004.
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