Transfer of entitlement on death  9. —(1) On the death of a person entitled to victims’ payments, a nominated person is entitled to  such payments for the period of 10 years beginning with the date of death.  (2) A person entitled to victims’ payments (“a beneficiary”) may nominate one person for the  purpose of this regulation.  (3) A person may be nominated for the purpose of this regulation by a beneficiary if the  person—  (4) For the purpose of these Regulations, a person is to be treated as regularly and substantially  engaged in caring for a beneficiary if—  (a) is the spouse, civil partner or cohabiting partner of the person so entitled, or  (b) is, or used to be, regularly and substantially engaged in caring for the beneficiary.  (a) the person satisfies the conditions for entitlement to a carer’s allowance or would do so  but for the fact that their earnings have exceeded the limit prescribed for the purposes of  that allowance, or  (b) a panel appointed for this purpose by the President of the Board considers it is equitable,  in all the circumstances, to treat the person as having regularly and substantially engaged  in caring for the beneficiary.  (5) But a person is not to be treated as regularly and substantially engaged in caring for a  beneficiary if the person derives earned income from those caring responsibilities.  (6) Paragraph (4)(a) applies whether or not the person has made a claim for a carer’s allowance.  (7) In this regulation, “carer’s allowance” means a carer’s allowance under section 70 of the  Social Security Contributions and Benefits Act 1992( a ) or section 70 of the Social Security  Contributions and Benefits (Northern Ireland) Act 1992( b ).  10. —(1) This regulation applies on the death of a person (“the deceased”) who would have  been, before death, entitled to victims’ payments if an application had been made in accordance  with regulation 8.  (2) An application for victims’ payments may be made in accordance with regulation 8(1) by a  person who the deceased could (following the determination of entitlement) have nominated under  regulation 9(2).  (3) On receipt of an application made by a person pursuant to paragraph (2), the Board must so  far as reasonably practicable—  Posthumous applications  (a) consider whether any other person may make an application pursuant to paragraph (2),  and  (b) notify in writing any such person of their right to make an application.  (a) made an application pursuant to paragraph (2), or  (b) notified the Board of an intention to make an application pursuant to that paragraph,  (4) Where there is more than one person who has—  a panel appointed for this purpose by the President of the Board must determine which application  may proceed.  (5) The panel must so far as possible make a determination under paragraph (4) by deciding who  the panel reasonably considers the deceased would have nominated had the deceased made an  application for victims’ payments.  ( a ) 1992 c. 4; amended by S.I 2002/1457, 2011/2426, 2013/388, 2015/1754.  ( b ) 1992 c. 7; relevant amending instruments are: S.R. 1994 No. 370, S.R. 2002 No. 321, S.R. 2011 No. 356, S.R. 2016 No.  228. 8