Subsection (6) sets out the condition which is that either the damages are awarded by a court or tribunal which has stated that it is satisfied that it is in the recipient’s best interests that the future element be paid as a lump sum rather than in periodical instalments or, where the damages are agreed, it is certified by an independent actuary that it is the actuary’s view that it is in the recipient’s best interests that the future element be paid as a lump sum rather than in periodical payments.