Solicitors Qualifying Examination (SQE) Practice Exa\

When is the discretion to pay income for "maintenance, education or benefit" available?

1. When the beneficiary is an adult

2. When the beneficiary is a minor

3. When the beneficiary is legally married

4. When the beneficiary has a job

The correct answer is: When the beneficiary is a minor

The discretion to pay income for "maintenance, education or benefit" is typically available when the beneficiary is a minor. This framework often arises in the context of trusts and estates, where the terms may specify that income can be distributed for the purposes of maintaining the beneficiary’s welfare, education, or general benefits during their early developmental years. Minors are generally recognized as being the primary beneficiaries of such distributions because they may depend on the financial support to meet their basic needs and educational requirements. This is often viewed as a way to ensure that children receive appropriate care and support during formative years when they cannot provide for themselves. In contrast, the other options focus on conditions that do not align with the typical legal framework governing maintenance and education for minors. An adult beneficiary may have more capacity to provide for themselves or access resources independently, and those who are legally married or employed are similarly perceived as having additional means that lessen their need for such discretionary support. Thus, the focus on minors in this context aligns with the legal intentions to protect and nurture those who are unable to care for themselves due to their age.