Commentary on Sections Mesothelioma lump sum payments Section 52: Minors and people who lack capacity
425.Section 52 concerns how lump sum payments are to be made to a person under the age of 18, or a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (or, in Scotland, who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000) in relation to financial matters.
426.Subsection (2) provides for a lump sum payment in respect of these persons to be made to any trustees appointed by the Secretary of State.
427.Subsection (3) provides for those trustees to hold the lump sum payment in trust, or in Scotland, under the conditions and for the purposes that the Secretary of State may declare.