The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988

means the appropriate levying authority to which section 28(3A) of the 1986 Act refers;

means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;

means such period as is prescribed in regulations 12 to 14 over which income falls to be calculated;

means– (a) an attendance allowance under section 35 of the Social Security Act;

means a Review Board of different composition to that giving the decision where it is inexpedient for that same Review Board to correct or set aside its decision. • “determining authority” means an appropriate authority or a Review Board.

has the meaning given to it in regulation 53;

means a period of 7 consecutive days commencing on a Monday and ending on a Sunday;

means–

means a person under the age of 16;

means a claim for housing benefit in the form of a community charge rebate;

means a person claiming housing benefit in the form of a community charge rebate;

means a payment to which section 11(11) of the 1987 Act refers;

means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act, the Social Security Act or the Child Benefit Act 1975 are charged;

means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority as defined in regulation 46 of the Housing Benefit (General) Regulations 1987 takes into account in assessing the amount of the student’s grant and by which that amount is, as a consequence, reduced;

means any full-time or part-time course of study or sandwich course whether or not a grant is made for attending it;

means the gross income payable to a full-time student under a Deed of Covenant by his parent including any sum deducted from the gross amount for tax;

means the office designated by the appropriate authority, by way of notice upon a form approved by them for the purpose of claiming housing benefit, for the receipt of claims to housing benefit;

means an appropriate authority or a Review Board.

includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated.

has the meaning prescribed in regulation 18 or, as the case may be, 20;

has the meaning assigned to it by section 20(11) of the Act;

means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary;

means– (a) any income by way of a grant;

includes income derived under regulations 24 and 25 (capital treated as income and notional income).

means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

means a person who is not a partner and who is responsible for and a member of the same household as a child or young person;

has the meaning assigned to it by section 20(11) of the Act;

means a member of a married or unmarried couple;

means an allowance under section 37A of the Social Security Act;

means a supplement to which paragraph 7 of Schedule 3 refers;

means such earnings as are calculated in accordance with regulation 19;

means such profit as is calculated in accordance with regulation 21;

means in Scotland the person entitled to the moveable estate on intestacy and in England and Wales the persons who would take beneficially on an intestacy.

means a person to whom regulation 3 of the Housing Benefit (General) Regulations 1987 refers;

means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

means clothing or footwear for normal daily use but does not include school uniforms, or clothing or footwear used solely for sporting activities.

means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on initial determination or as subsequently revised on review or further review).

means an overpayment caused by a mistake made or something done or omitted to be done by the appropriate authority or by an officer or person acting for that authority or by an officer of the Department of Social Security or the Department of Employment acting as such where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.

means employment in which the person is engaged on average for less than 24 hours a week.

means– (a) where a claimant is a member of a married or unmarried couple, the other member of that couple;

means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.

includes part of a payment;

means– (a) in the case of a course of study for one year or less, the period beginning with the start of the course to the end;

has the same meaning as is prescribed for England and Wales in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1988;

means any person (including the appropriate authority) whose rights, duties or obligations are affected by a determination, whether or not on review, or by a decision on further review;

means a person in receipt of income support;

means any instrument by which the payment of money is assured on death (except death by accident only) or by the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

means any marriage to which section 28(11) of the Act refers;

means any premium or other consideration payable under an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision for the claimant of a life annuity in old age or the provision of an annuity for his partner or for any one or more of his dependants and in respect of which relief for income tax may be given.

means a student who does not satisfy the condition of entitlement for housing benefit in respect of a personal community charge in section 20(7A) of the Act because his name is shown in a community charges register as undertaking a full time course of education on any day in respect of which housing benefit is claimed;

means the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957, the Adoption Act 1958, the Matrimonial Proceedings Children Act 1958, the Children Act 1958, the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969, the Children and Young Persons Act 1969, the Matrimonial Causes Act 1973, the Guardianship Act 1973, the Children Act 1975, the Domestic Proceedings and Magistrates' Courts Act 1978, the Adoption (Scotland) Act 1978, the Child Care Act 1980 and the Foster Children Act 1980.

has the meaning prescribed in regulation 3;

includes all those payments in respect of a dwelling which are specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987.

has the same meaning as is prescribed for England and Wales in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1988;

means a claimant who neither has a partner nor is a lone parent;

means the Social Security Act 1975;

means the amount specified in paragraph 2(2) of Schedule 2 to the Education (Mandatory Awards) Regulations 1988 other than in sub-paragraph (a) or (b) thereof;

has the meaning prescribed in regulation 36;

means the Abolition of Domestic Rates Etc (Scotland) Act 1987;

means the Social Security Act 1986;

means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

has the meaning assigned to it by section 20(11) of the Act;

has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988;

has the meaning prescribed in regulation 4(1).