Social Security Act 1986 (c. 50)

PART VII Miscellaneous, General and Supplementary

Supplementary

84 General interpretation

(1) In this Act, unless the context othewise requires,—

• "applicable amount" shall be construed in accordance with Part II of this Act;

• " average salary benefits " means benefits the rate or amount of which is calculated by reference to the average salary of a member of a pension scheme over the period of service on which the benefits are based ;

• " the benefit Acts " means—

  (a)

  the [1973 c. 38.] Social Security Act 1973 ;

  (b)

  the Social Security Acts 1975 to 1986 ;

  (c)

  the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975;

  (d)

  the [1975 c. 61.] Child Benefit Act 1975 ;

• " contract of service " has the same meaning as in the [1975 c. 14.] Social Security Act 1975;

• " dwelling " means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

• " employed earner " has the same meaning as in the Social Security Act 1975;

• " employee " means a person gainfully employed in Great Britain either under a contract of service or in an office (including an elective office) with emoluments chargeable to income tax under Schedule E;

• " employer " means—

  (a)

  in the case of an employed earner employed under a contract of service, his employer;

  (b)

  in the case of an employed earner employed in an office with emoluments—

  (i)

  such person as may be prescribed in relation to that office; or

  (ii)

  if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office;

• " housing authority " means a local authority, a new town corporation, the Scottish Special Housing Association or the Development Board for Rural Wales;

• " housing benefit scheme " shall be construed in accordance with Part II of this Act;

• " Housing Revenue Account dwelling ", in relation to a local authority, means a dwelling which is within the authority's Housing Revenue Account (within the meaning of Part XIII of the [1985 c. 68.] Housing Act 1985) and is not—

  (a)

  a dwelling for the time being let on a long tenancy at a low rent within the meaning of the [1967 c. 88.] Leasehold Reform Act 1967 ; or

  (b)

  a dwelling no longer owned by the authority;

• " Housing Revenue Account rebate ", in relation to a local authority in England and Wales, means a rent rebate for a tenant of a Housing Revenue Account dwelling of that authority;

• " income-related benefit" shall be construed in accordance with Part II of this Act;

• " insurance company " has the meaning assigned to it by section 96(1) of the [1982 c. 50.] Insurance Companies Act 1982;

• " 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 ; and

  (b)

  in relation to Scotland, an islands or district council;

• " long-term benefit" has the meaning assigned to it by Schedule 20 to the [1975 c. 14.] Social Security Act 1975 ;

• " minimum contributions " shall be construed in accordance with Part I of this Act;

• " modifications " includes additions, omissions and amendments, and related expressions shall be construed accordingly ;

• " money purchase benefits ", in relation to a member of a personal or occupational pension scheme or the widow or widower of a member of such a scheme, means benefits the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and which are not average salary benefits ;

• " new town corporation " means—

  (a)

  in relation to England and Wales, a development corporation established under the [1981 c. 64.] New Towns Act 1981 or the Commission for the New Towns; and

  (b)

  in relation to Scotland, a development corporation established under the [1968 c. 16.] New Towns (Scotland) Act 1968;

• " occupational pension scheme " has the same meaning as in section 66(1) of the [1975 c. 60.] Social Security Pensions Act 1975;

• " personal pension scheme " means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect so as to provide benefits, in the form of pensions or otherwise, payable on death or retirement to or in respect of employed earners who have made arrangements with the trustees or managers of the scheme for them to become members of the scheme ;

• " prescribed " means specified in or determined in accordance with regulations;

• " primary Class 1 contributions " and " secondary Class 1 contributions" have the same meanings as in the [1975 c. 14.] Social Security Act 1975 ;

• " protected rights " shall be construed in accordance with Schedule 1 to this Act;

• " qualifying benefit" has the meaning assigned to it by Schedule 6 to this Act;

• " rate rebate ", " rent rebate " and " rent allowance " shall be construed in accordance with section 28 above ;

• " rates " and " rating authority "—

  (a)

  in relation to England and Wales, have the same meaning as in the [1967 c. 9.] General Rate Act 1967 ; and

  (b)

  in relation to Scotland, have respectively the same meanings as " rate " has in section 379 of the [1947 c. 43.] Local Government (Scotland) Act 1947 and "rating authority" has in section 109 of the [1973 c. 65.] Local Government (Scotland) Act 1973 ;

• " regulations " means regulations made by the Secretary of State under this Act;

• " social fund payment" means a payment under Part III of this Act;

• " tax-exemption " and " tax-approval " mean respectively exemption from tax and approval of the Inland Revenue in either case under any such provision of the Income Tax Acts as may be prescribed ;

• " tax year " means the 12 months beginning with 6th April in any year;

• " trade dispute" has the same meaning as in the [1975 c. 14.] Social Security Act 1975 ;

• " war disablement pension " means—

  (a)

  any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the [1917 c. 51.] Air Force (Constitution) Act 1917, the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939, the [1939 c. 83.] Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the [1947 c. 19.] Polish Resettlement Act 1947, or Part VII or section 151 of the [1980 c. 9.] Reserve Forces Act 1980;

  (b)

  without prejudice to paragraph (a) of this definition, any retired pay or pension to which subsection (1) of section 365 of the [1970 c. 10.] Income and Corporation Taxes Act 1970 applies ;

• " war widow's pension " means any widow's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the preceding definition or a pension or allowance for a widow granted under any scheme mentioned in subsection (2)(e) of the said section 365.

(2) Expressions used in Part I of this Act and in the [1975 c. 60.] Social Security Pensions Act 1975 have the same meanings in that Part as they have in that Act.

(3) References in this Act to the general rate fund of an authority shall be construed—

(a) in relation to the Council of the Isles of Scilly, as references to their general fund ; and

(b) in relation to the Common Council of the City of London, as references to their general rate.

(4) In this Act—

(a) references to the United Kingdom include references to the territorial waters of the United Kingdom ; and

(b) references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.