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Key definition
Periodical payments definition

What does Periodical payments mean? Regular maintenance paid at set intervals (usually monthly) by one spouse or civil partner (or former spouse/civil partner) to support the other and/or a child of the family. In family law this is commonly called a periodical payments order. England & Wales and Northern Ireland: Courts may order periodical payments under the Matrimonial Causes Act 1973/Matrimonial Causes (Northern Ireland) Order 1978 and the Civil Partnership Act 2004. For children, the court can order periodical payments (e.g. under Schedule 1 to the Children Act 1989/Children (Northern Ireland) Order 1995), but routine child maintenance is usually assessed and enforced by the Child...

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Settling Inheritance (Provision for Family and Dependants) Act 1975 claims: preserving means-tested benefits and care funding, tax treatment and trust structures, with compromise mechanics and examples (England and Wales)

Practice notes
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This Practice Note examines how a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) could be settled so as to:

  • optimise access to welfare benefits or tax credits for a claimant
  • prevent a claimant from forfeiting eligibility for other state funding, including community or residential care
  • secure equivalent outcomes for estate beneficiaries who are not I(PFD)A 1975 claimants

The powers available under the Inheritance (Provision for Family and Dependants) Act 1975

Under I(PFD)A 1975, s 2, the court may order Periodical payments from the net estate, award lump sums, direct the transfer of specified property, and vary, to the applicant’s advantage, the trusts by which the deceased’s estate is held. Consequently, there is a broad spectrum of ways in which the court may provide for a claimant, and an award need not be confined to a straightforward lump sum payment.

Further, pursuant to I(PFD)A 1975, s 2(4), where the court makes an order under the Act, it may include such consequential and supplemental provisions as the court...

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Richard Dew
Richard Dew

Richard Dew's practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation). Chambers and Partners describe him as a “’superb junior,’ who combines strong academic credentials … with a flair for litigation and ADR”.He is a member of STEP and ACTAPS. He has experience at all levels of litigation (with two recent cases in the Court of Appeal) and considerable experience in the conduct of mediation and alternative dispute resolution. Richard is an editor of Tolley's Inheritance Tax Planning and the Trusts and Estate Practitioner's Guide to Mental Capacity. He is a contributor to the recent book on...

Web page updated on 21/05/2026

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