14F.— (1) This section applies where—

(a) a determination is made under section 14C(2)(a) in respect of a person (in this section referred to as the "relevant person") in relation to a particular family asset,

(b) the relevant person dies,

(c) the relevant person has or, in the case of a transferred asset, had an interest in the particular family asset, and

(d) immediately before the death—

(i) the period to which the undertaking given by the family successor in relation to the particular family asset (in this section referred to as the "current family successor") under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) relates has not expired, and

(ii) the determination under section 14C(2)(a) has not been revoked in respect of the relevant person so far as relating to the particular family asset.

(2) Subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to a particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if—

(a) the particular family asset is not a transferred asset,

(b) the current family successor is the person who is, or one of the persons who are, entitled to succeed on the death of the relevant person to the interest that the relevant person had in the particular family asset (in this section referred to as the "lawful successor"), and

(c) that current family successor notifies the Executive in writing in accordance with subsection (10) that, with the agreement of—

(i) any other lawful successor or (where there is more than one other lawful successor) lawful successors, and

(ii) where the relevant person was a member of a couple, the partner of the relevant person,

he or she intends to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in respect of the relevant person in relation to that particular family asset until the expiry of the period referred to in the section concerned.

(3) In the case of a transferred asset, subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to that transferred asset for the period ending with the death of the relevant person shall not be repayable to the Executive if the current family successor notifies the Executive in writing in accordance with subsection (10) that, with the agreement of—

(a) where the relevant person was a member of a couple, the partner of the relevant person, and

(b) any other owner of the transferred asset,

he or she intends to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in respect of the relevant person in relation to that transferred asset until the expiry of the period referred to in the section concerned.

(4) Subsections (6) and (7) apply if—

(a) the particular family asset is not a transferred asset,

(b) the current family successor is not the lawful successor or (where there is more than one lawful successor) a lawful successor, and

(c) the lawful successor or (where there is more than one lawful successor) at least one of the lawful successors falls within subsection (5).

(5) A lawful successor falls within this subsection if the lawful successor has attained the age of 18 years and is—

(a) the partner of the relevant person,

(b) a relative of the relevant person or of the relevant person’s partner, or

(c) F17[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,] of the relevant person or of the relevant person’s partner.

(6) Subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if—

(a) the current family successor and the lawful successor (or lawful successors) agree that the current family successor should continue to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) until the expiry of the period referred to in the section concerned, and

(b) they jointly give notice to the Executive of that fact in accordance with subsection (10).

(7) On the application, in accordance with subsection (10), of the lawful successor or, where there is more than one lawful successor, on the joint application of both or all of the lawful successors, the Executive shall—

(a) if satisfied that the conditions in subsection (8) are met, make a determination—

(i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and

(ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset,

or

(b) if not so satisfied, make a decision under section 14I(2) (a).

(8) The conditions referred to in subsection (7)(a) are—

(a) that the person specified in the application—

(i) is a lawful successor who falls within subsection (5), or

(ii) is not a lawful successor but has attained the age of 18 years and falls within any of paragraphs (a) to (c) of subsection (5),

(b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in relation to that particular family asset relates,

(c) that, where the relevant person was a member of a couple, the relevant person’s partner consents to the making of the application, and

(d) that, in the opinion of the Executive, a repayment event has not occurred in relation to the particular family asset.

(9) Subject to sections 14E and 14I, where the Executive makes a determination under subsection (7)(a), any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) to the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive.

(10) Notice under subsection (2)(c), (3) or (6)(b) shall be given, or an application under subsection (7) shall be made, before the expiry of the period of 6 months beginning on the date of death of the relevant person.

(11) In reckoning the period referred to in subsection (8)(b) or section 14A(3)(d), 14G(4)(b) or 14H(5)(b), the period beginning on the date of death of the relevant person and ending on the date of the making of an appointment under subsection (7)(a) shall be disregarded.

(12) In deciding an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person’s partner, the person specified in the application, the current family successor, the lawful successor (or, where there is more than one, either or any of them) and any representative (whether appointed under section 21 or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner, the person specified in the application, the current family successor and the lawful successor (or, where there is more than one, either or any of them) whether received pursuant to section 45 or otherwise.

(13) The persons referred to in subsection (12) shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

(14) If a person referred to in subsection (12) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2)(a).

(15) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person’s partner, the person specified in the application, the lawful successor (or the lawful successors) and the current family successor of the determination and the reasons for the determination.

(16) An application under this section shall be made in the specified form.]