S.L. 331.8 Art. 3Protected Disability Trusts.

(1) A trust which -

(a) is set up by a family member of the person with disability under the terms of these regulations; and

(b) is for the benefit of a beneficiary who is a person with disability, where the said person is entitled to benefit under the trust in a manner which is either exclusive or in the manner set out in regulation 6; and

(c) is notified to the Authority in accordance with regulation 8(2), shall qualify as a Protected Disability Trust for the purposes of these regulations.

(2) The purpose of a Protected Disability Trust and the beneficial interest of the person with disability shall be specified clearly and in writing in the trust instrument.

(3) In the event of the demise of the beneficiary who is a person with disability, the trust shall be terminated in terms of article 17 of the Act.