- alternative maximum council tax benefit
means the amount determined in accordance with regulation 54 and Schedule 2;
- appropriate authority
means— (a) in England and Wales, the billing authority to which Part I of the 1992 Act refers, (b) in Scotland, the levying authority to which Part II of the 1992 Act refers;
- appropriate social security office
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;
- assessment period
means such period as is prescribed in regulations 14 to 16 over which income falls to be calculated;
- attendance allowance
means— (a) an attendance allowance under Part III of the Contributions and Benefits Act 1992;
- authority of like status
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;
- benefit period
has the meaning prescribed in regulation 57;
- benefit week
means a period of 7 consecutive days commencing on a Monday and ending on a Sunday;
- boarder
means a person who pays a charge for his accommodation and at least some cooked or prepared meals which are both prepared and consumed in that accommodation or associated premises;
- chargeable income
means—
- child
means a person under the age of 16;
- claim
means a claim for council tax benefit;
- claimant
means a person claiming council tax benefit;
- close relative
means a parent, parent-in-law, son, son-in-law, daughter, daughterin-law, step-parent, step-ston, step-daughter, brother, sister or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
- community charge benefit
means community charge benefits under Part VII of the Contributions and Benefits Act 1992 as originally enacted;
- concessionary payment
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 Contributions and Benefits Act 1992 are charged;
- contribution
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 the amount is, as a consequence, reduced;
- council tax benefit
means council tax benefit under Part VII of the Contributions and Benefits Act 1992;
- council tax due in respect of that day
means the council tax payable under section 10 or 78 of the 1992 Act less any reductions made under section 13 or 80 (reduced amounts of council tax).
- course of study
means any full-time or part-time course of study or sandwich course whether or not a grant is made for attending it;
- covenant income
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;
- date of claim
means the date on which the claim is made, or treated as made, for the purposes of regulation 62 (time and manner in which claims are to be made);
- designated office
means the office designated by the appropriate authority, by way of notice upon a form approved by them, for the purpose of claiming council tax benefit and for the receipt of claims to council tax benefit;
- determining authority
means an appropriate authority or a Review Board.
- disability living allowance
means a disability living allowance under Part III of the Contributions and Benefits Act 1992;
- disability working allowance
means a disability working allowance under section 123 of the Contributions and Benefits Act 1992;
- dwelling
has the same meaning as in section 3 or 72 of the 1992 Act;
- earnings
means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—
- excess benefit
means any amount which has been allowed by way of council tax benefit and to which there was no entitlement under these Regulations (whether on initial determination or as subsequently revised on review or further review) and includes any excess which arises by reason of—
- excess benefit allowed in consequence of an official error
means excess benefit in consequence of 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 allowed did not cause or materially contribute to that mistake, act or omission.
- family
has the meaning assigned to it by section 137(1) of the Contributions and Benefits Act 1992;
- full-time student
includes a student on a sandwich course;
- grant
means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980;
- grant income
means— (a) any income by way of a grant;
- housing benefit
means housing benefit under Part VII of the Contributions and Benefits Act 1992;
- income
includes capital treated as income under regulation 25 (capital treated as income) and income which a claimant is treated as possessing under regulation 26 (notional income).
- instalment
means any instalment of an appropriate authority’s council tax to which regulation 19 of either the English and Welsh Regulations or as the case may be the Scottish Regulations refers (council tax payments).
- invalid carriage or other vehicle
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;
- last day of the course
means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
- lone parent
means a person who has no partner and who is responsible for and a member of the same household as a child or young person;
- married couple
has the meaning assigned to it by section 137(1) of the Contributions and Benefits Act 1992;
- maternity leave
means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978;
- member of a couple
means a member of a married or unmarried couple;
- mobility supplement
means a supplement to which paragraph 7 of Schedule 3 refers;
- net earnings
means such earnings as are calculated in accordance with regulation 20;
- net profit
means such profit as is calculated in accordance with regulation 22;
- next of kin
means in England and Wales the persons who would take beneficially on an intestacy and in Scotland the person entitled to the moveable estate on intestacy.
- non-dependant
has the meaning prescribed in regulation 3;
- occupational pension
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;
- ordinary clothing or footwear
means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
- part-time employment
means employment in which the person is engaged on average for less than 16 hours a week.
- patient
has the meaning given in regulation 10(2) (patients), and
- payment
includes part of a payment;
- period of study
means— (a) in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;
- periods of experience
has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1991;
- person
means a person by whom or in respect of whom a claim for council tax benefit has been made.
- person affected
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;
- person on income support
means a person in receipt of income support;
- policy of life insurance
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;
- polygamous marriage
means a marriage to which section 133(1) of the Contributions and Benefits Act 1992 refers;
- qualifying person
means a person in respect of whom payment has been made from the Fund or the Eileen Trust;
- qualifying premium
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.
- relevant enactment
means the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957, the Matrimonial Proceedings (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 Family Law Act 1986and the Children Act 1989.
- relevant subsequent week
means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
- relevant week
means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 34(1)— and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
- remunerative work
has the meaning prescribed in regulation 4;
- rent
means “eligible rent” to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations;
- resident
has the meaning as in Part I or II of the 1992 Act;
- review board
means a board constituted in accordance with regulation 70(3) and Schedule 7;
- sandwich course
has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1991;
- second adult
has the meaning given to it in Schedule 2;
- single claimant
means a claimant who neither has a partner nor is a lone parent;
- standard maintenance grant
means— (a) in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 for such a student;
- student
has the meaning prescribed in regulation 38;
- supplementary benefit
means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefit Act 1976;
- the 1992 Act
means the Local Government Finance Act 1992;
- the Administration Act 1992
means the Social Security Administration Act 1992;
- the Contributions and Benefits Act 1992
means the Social Security Contributions and Benefits Act 1992;
- the Eileen Trust
means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
- the Fund
means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
- the Independent Living (1993) Fund
means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
- the Independent Living (Extension) Fund
means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
- the Independent Living Fund
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;
- the Independent Living Funds
means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
- the Trusts
means (a) “the Macfarlane 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;
- training allowance
means an allowance (whether by way of periodical grants or otherwise) payable— (a) out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise;
- unmarried couple
has the meaning assigned to it by section 137(1) of the Contributions and Benefits Act 1992;
- water charges
means— (a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991;
- year of assessment
has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988;
- young person
has the meaning prescribed in regulation 5(1).