- application
means an application within section 109(1) of the Act;
- assessment period
means such period as is prescribed in regulations 17 to 19 over which income falls to be determined;
- attendance allowance
means— (a) an attendance allowance under Part III of the 1992 Act;
- board and lodging accommodation
means accommodation provided to a person or, where he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked and prepared meals which are both cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and consumed in that accommodation or associated premises.
- chargeable income
means—
- child
means a person under the age of 16;
- child benefit
means child benefit under Part IX of the 1992 Act;
- close relative
means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, 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;
- communal area
means an area, other than a room or rooms, of common access (including halls and passageways).
- community charge benefits
means community charge benefits under Part VII of the 1992 Act;
- 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 1992 Act 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 (interpretation) 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 1992 Act as amended by the Local Government and Finance Act 1992 (c. 14), section 103 and Schedule 9;
- 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;
- current application
means an application to which regulation 10 refers.
- disability living allowance
means a disability living allowance under Part III of the 1992 Act;
- disability working allowance
means a disability working allowanceunder section 123 of that Act;
- dwelling
includes any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
- earnings
means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—
- family
means— (a) a married or unmarried couple;
- 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, section 73 of the Education (Scotland) Act 1980 or section 65 of the Further and Higher Education Act 1992;
- grant income
means— (a) any income by way of a grant;
- health authority
has the same meaning as in section 128(1) of the National Health Service Act 1977;
- housing benefit
means housing benefit under Part VII of the 1992 Act;
- income
includes income to which regulations 27 (capital treated as income), 28 (notional income) and 43 (treatment of student loans) refer.
- income support
means income support under Part VII of that Act;
- income-related benefit
means any benefit to which section 123 of that Act refers;
- invalid carriage or other vehicle
means a vehicle propelled by petrol engine or electric power supplied for use on the road and to be controlled by the occupant;
- local authority
means— (a) in relation to England and Wales, the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;
- 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 given by section 137(1) of the 1992 Act;
- 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 determined in accordance withregulation 22;
- net profit
means such profit as is determined in accordance with regulation 24;
- non-dependant
means any person, except someone to whom paragraph (2) applies, who normally resides with a relevant person.
- 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.
- partner
means— (a) where a person is a member of a married or unmarried couple, the other member of that couple;
- patient
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.
- payment
includes part of a payment;
- personal pension scheme
has the same meaning as in section 191 of the Social Security Administration Act 1992 and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
- policy of life insurance
means any instrument by which the payment of money is assured on death (except death by accident only) or 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 any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
- qualifying person
means a person in respect of whom payment has been made from the Fund;
- qualifying premium
means any premium which at the date of the application is payable periodically in respect of a retirement annuity contract or a personal pension scheme;
- rates
means— (a) in relation to England and Wales, any amount payable under any of sections 43, 45 or 54 of the Local Government Finance Act 1988 (non-domestic rates) and includes any sum payable on account of any such amount;
- relevant enactment
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 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, the Family Law Act 1986 and the Children Act 1989.
- relevant person
has the meaning given by regulation 3;
- remunerative work
has the meaning given by regulation 5;
- rent
means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations.
- retirement annuity contract
means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision for the relevant person of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief for income tax may be given on any premium.
- sandwich course
has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1993;
- single person
means a person who neither has a partner nor is a lone parent;
- social fund payment
means a payment pursuant to Part VIII of the 1992 Act;
- student
has the meaning given in regulation 38;
- supplementary benefit
means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 • “training allowance” has the meaning given by regulation 2(1) of the Housing Benefit (General) Regulations 1987 • “unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife;
- the 1992 Act
means the Social Security Contributions and Benefits Act 1992;
- the Act
means the Local Government and Housing Act 1989;
- 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 MacFarlane (Special Payments) (No.2) Trust
means the trust of that name, established on 3rd May 1991, partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
- the MacFarlane (Special Payments) Trust
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;
- the MacFarlane Trust
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;
- the MacFarlane Trusts
means the MacFarlane Trust, the MacFarlane (Special Payments) Trust and the MacFarlane (Special Payments) (No.2) Trust;
- training allowance
has the meaning given by regulation 2(1) of the Housing Benefit (General) Regulations 1987 • “unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife;
- unmarried couple
means a man and woman who are not married to each other but are living together as husband and wife;
- water charges
means — (a) in relation to England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991;
- year of assessment
has the meaning given by section 832(1) of the Income and Corporation Taxes Act 1988;
- young person
means a person, not being a person who is in receipt of income support or a person who is receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987 (relevant education), aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the 1992 Act (meaning of child).