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The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

2.—(1) In these Regulations—

“the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 1992;

“Abbeyfield Home” (“Cartref Abbeyfield”) means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society;

“adoption leave” (“absenoldeb mabwysiadu”) means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996(1);

“AFIP” (“TALlA”) means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004(2);

“applicable amount” (“swm cymwysadwy”) means—

(a)

in relation to a pensioner, the amount calculated in accordance with paragraph 1 of Schedule 1 and Schedule 2; and

(b)

in relation to a person who is not a pensioner, the amount calculated in accordance with—

(i)

paragraphs 1 and 2 of Schedule 6 and Schedule 7; or

(ii)

paragraph 3 of Schedule 6,

as the case may be;

“applicant” (“ceisydd”) means a person applying for a reduction under an authority’s scheme;

“application” (“cais”) means an application for a reduction under an authority’s scheme;

“appropriate DWP office” (“swyddfa briodol yr Adran Gwaith a Phensiynau”) means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseeker’s allowance or an employment and support allowance;

“assessment period” (“cyfnod asesu”) means the period determined—

(a)

in relation to pensioners—

(i)

in relation to the earnings of a self-employed earner, in accordance with paragraph 14 of Schedule 1 for the purpose of calculating the weekly earnings of the applicant; or

(ii)

in relation to any other income, in accordance with paragraph 11 of Schedule 1 for the purpose of calculating the weekly income of the applicant;

(b)

in relation to persons who are not pensioners, such period as is set out in paragraphs 10 to 12 of Schedule 6 over which income falls to be calculated;

“attendance allowance” (“lwfans gweini”) means—

(a)

an attendance allowance under Part 3 of the SSCBA(3);

(b)

an increase of disablement pension under section 104 or 105 of the SSCBA;

(c)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(4) or any analogous payment; or

(d)

any payment based on need for attendance which is paid as part of a war disablement pension;

“the authority” (“yr awdurdod”) means a billing authority in relation to whose area a scheme has effect in accordance with regulation 12;

“basic rate” (“cyfradd sylfaenol”) has the meaning given by the Income Tax Act 2007(5);

“the benefit Acts” (“y Deddfau budd-dal”) means the SSCBA, the Jobseekers Act 1995(6), the State Pension Credit Act 2002(7) and the Welfare Reform Act 2007(8);

“board and lodging accommodation” (“prydau bwyd a llety”) means accommodation provided to a person, or if that person is a member of a family, to that person or any other member of that person’s family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of that person’s family) and are consumed in that accommodation or associated premises;

“care home” (“cartref gofal”) has the meaning given by section 3 of the Care Standards Act 2000(9) and in Scotland means a care home service within the meaning given by paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010(10) and in Northern Ireland means a nursing home within the meaning of article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(11) or a residential care home within the meaning of article 10 of that Order;

“the Caxton Foundation” (“Sefydliad Caxton”) means the charitable trust of that name established on 28 March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

“child” (“plentyn”) means a person under the age of 16;

“child benefit” (“budd-dal plant”) has the meaning given by section 141 of the SSCBA(12);

“child tax credit” (“credyd treth plant”) means a child tax credit under section 8 of the Tax Credits Act 2002(13);

“close relative” (“perthynas agos”) means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

“concessionary payment” (“taliad consesiynol”) 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 or tax credits under the benefit Acts or the Tax Credits Act 2002(14) are charged;

“contributory employment and support allowance” (“lwfans cyflogaeth a chymorth cyfrannol”) means a contributory allowance under Part 1 of the Welfare Reform Act 2007(15);

“council tax benefit” (“budd-dal treth gyngor”) means council tax benefit under Part 7 of the SSCBA;

“couple” (“cwpl”) has the meaning given by regulation 4;

“designated office” (“swyddfa ddynodedig”) means the office of an authority designated by it for the receipt of applications—

(a)

by notice upon or with a form supplied by the authority for the purposes of making an application; or

(b)

by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or

(c)

by any combination of the provisions set out in paragraphs (a) and (b);

“disability living allowance” (“lwfans byw i’r anabl”) means a disability living allowance under section 71 of the SSCBA(16);

“dwelling” (“annedd”) has the meaning given by section 3 of the 1992 Act;

“earnings” (“enillion”) has the meaning given by paragraphs 12, 14 and 15 of Schedule 1 and paragraph 14 or 16 of Schedule 6 as the case may be;

“the Eileen Trust” (“Ymddiriedolaeth Eileen”) means the charitable trust of that name established on 29 March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000(17);

“employed earner” (“enillydd cyflogedig”) is to be construed in accordance with section 2(1)(a) of the SSCBA(18) and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;

“the Employment, Skills and Enterprise Scheme” (“y Cynllun Cyflogaeth, Sgiliau a Menter”) means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995(19) known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);

“employment zone” (“parth cyflogaeth”) means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999(20) and an “employment zone programme” (“rhaglen parth cyflogaeth”) means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

“employment zone contractor” (“contractwr parth cyflogaeth”) means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Work and Pensions;

“enactment” (“deddfiad”) includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales;

“extended reduction” (“gostyngiad estynedig”) means a reduction under a scheme to which a person is eligible under Part 5 of Schedule 1 and Part 5 of Schedule 6;

“extended reduction period” (“cyfnod gostyngiad estynedig”) means the period for which a person is in receipt of an extended reduction in accordance with paragraph 33 of Schedule 1 and paragraph 35 of Schedule 6 or paragraph 40 of Schedule 6;

“extended reduction (qualifying contributory benefits)” (“gostyngiad estynedig (budd-daliadau cyfrannol cymwys)”) means a reduction under a scheme for which a person is eligible pursuant to paragraph 32 of Schedule 1 and paragraph 39 of Schedule 6;

“family” (“teulu”) has the meaning given by regulation 6;

“the Fund” (“y Gronfa”) 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 the Secretary of State on 24 April 1992 or, in Scotland, on 10 April 1992;

“guarantee credit” (“credyd gwarant”) is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002(21);

“a guaranteed income payment” (“taliad incwm gwarantedig”) means a payment made under article 15(1)(c) or article 29(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(22);

“housing benefit” (“budd-dal tai”) means housing benefit under Part 7 of the SSCBA;

“an income-based jobseeker’s allowance” (“lwfans ceisio gwaith ar sail incwm”) and “a joint-claim jobseeker’s allowance” (“lwfans ceisio gwaith cyd-hawliad”) have the meanings given by section 1(4) of the Jobseekers Act 1995(23);

“income-related employment and support allowance” (“lwfans cyflogaeth a chymorth ar sail incwm”) means an income-related allowance under Part 1 of the Welfare Reform Act 2007;

“independent hospital” (“ysbyty annibynnol”)—

(a)

in England means a hospital as defined by section 275 of the National Health Service Act 2006(24) that is not a health service hospital as defined by that section;

(b)

in Wales has the meaning given by section 2 of the Care Standards Act 2000(25); and

(c)

in Scotland means an independent healthcare service as defined by section 10F of the National Health Service (Scotland) Act 1978(26);

“the Independent Living Fund (2006)” (“y Gronfa Byw’n Annibynnol (2006)”) means the Trust of that name established by a deed dated 10 April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

“invalid carriage or other vehicle” (“cerbyd ar gyfer pobl anabl neu fath arall o gerbyd”) 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;

“the London Bombings Relief Charitable Fund” (“Cronfa Gymorth Elusennol Bomiau Llundain”) means the company limited by guarantee (number 5505072), and registered charity of that name established on 11 July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7 July 2005;

“lone parent” (“unig riant”) 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;

“the Macfarlane (Special Payments) Trust” (“Ymddiriedolaeth Macfarlane (Taliadau Arbennig)”) means the trust of that name, established on 29 January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No 2) Trust” (“Ymddiriedolaeth Macfarlane (Taliadau Arbennig) (Rhif 2)”) means the trust of that name, established on 3 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 Trust” (“Ymddiriedolaeth Macfarlane”) 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;

“main phase employment and support allowance” (“lwfans cyflogaeth a chymorth prif wedd”) means an employment and support allowance where the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007(27) except in Part 1 of Schedule 3;

“maternity leave” (“absenoldeb mamaeth”) means a period during which a woman is absent from work because the woman is pregnant or has given birth to a child, and at the end of which the woman has a right to return to work either under the terms of the woman’s contract of employment or under Part 8 of the Employment Rights Act 1996(28);

“maximum council tax reduction amount” (“uchafswm gostyngiad treth gyngor”) means the amount determined in accordance with paragraph 2 of Schedule 1 and paragraph 4 of Schedule 6;

“member of a couple” (“aelod o gwpl”) means a member of a married or unmarried couple;

“MFET Limited” (“MFET Limited”) means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

“mobility supplement” (“atodiad symudedd”) means—

(a)

in relation to pensioners, a supplement to which paragraph 5(1)(a)(vii) of Schedule 3 refers;

(b)

in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 9 refers;

“mover” (“symudwr”) means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of one authority to a dwelling in the area of a second authority;

“net earnings” (“enillion net”) means such earnings as are calculated in accordance with paragraph 13 of Schedule 1 or paragraph 15 of Schedule 6, as the case may be;

“net profit” (“elw net”) means such profit as is calculated in accordance with paragraph 23 of Schedule 1 or paragraph 24 of Schedule 6, as the case may be;

“new dwelling” (“annedd newydd”) means, for the purposes of the definition of “second authority” and paragraph 35 of Schedule 1, paragraphs 37 and 42 of Schedule 6, the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident;

“non-dependant” (“annibynnydd”) has the meaning given by regulation 9;

“occasional assistance” (“cymorth achlysurol”) means any payment or provision made by a local authority, the Welsh Ministers or the Scottish Ministers for the purposes of—

(a)

meeting, or helping to meet an immediate short-term need—

(i)

arising out of an exceptional event or exceptional circumstance, or

(ii)

that needs to be met to avoid a risk to the well-being of an individual, and

(b)

enabling qualifying individuals to establish or maintain a settled home, and—

(i)

“local authority” (“awdurdod lleol”) has the meaning given by section 270(1) of the Local Government Act 1972(29); and

(ii)

“qualifying individuals” (“unigolion cymwys”) means individuals who have been, or without the assistance might otherwise be—

(aa)

in prison, hospital, an establishment providing residential care or other institution, or

(bb)

homeless or otherwise living an unsettled way of life;

“occupational pension” (“pensiwn galwedigaethol”) 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;

“occupational pension scheme” (“cynllun pensiwn galwedigaethol”) has the same meaning as in section 1 of the Pension Schemes Act 1993(30);

“ordinary clothing and footwear” (“dillad ac esgidiau cyffredin”) means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

“partner” (“partner”), in relation to a person, means—

(a)

where that person is a member of a couple, the other member of that couple; or

(b)

subject to paragraph (c), where that person is polygamously married to two or more members of that person’s household, any such member to whom that person is married; or

(c)

where that person is polygamously married and has an award of universal credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage;

“paternity leave” (“absenoldeb tadolaeth”) means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of regulations made under section 80AA or 80BB of that Act(31);

“pension fund holder” (“deiliad cronfa bensiwn”) means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;

“pensionable age” (“oedran pensiynadwy”) has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995(32);

“pensioner” (“pensiynwr”) has the meaning given by regulation 3(a);

“person on income support” (“person ar gymhorthdal incwm”) means a person in receipt of income support;

“person who is not a pensioner” (“person nad yw’n bensiynwr”) has the meaning given by regulation 3(b);

“persons treated as not being in Great Britain” (“personau a drinnir fel pe na baent ym Mhrydain Fawr”) has the meaning given by regulation 28;

“personal independence payment” (“taliad annibynniaeth bersonol”) has the meaning given by Part 4 of the Welfare Reform Act 2012(33);

“personal pension scheme” (“cynllun pensiwn personol”) means—

(a)

a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993(34);

(b)

an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988(35) or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1 of Schedule 36 to the Finance Act 2004(36);

(c)

a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1 of Schedule 36 to the Finance Act 2004;

“policy of life insurance” (“polisi yswiriant bywyd”) 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” (“priodas amlbriod”) means any marriage to which regulation 5 applies;

“public authority” (“awdurdod cyhoeddus”) includes any person whose functions are functions of a public nature;

“qualifying age for state pension credit” (“oedran cymhwyso ar gyfer credyd pensiwn y wladwriaeth”) means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)(37)—

(a)

in the case of a woman, pensionable age; or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“qualifying contributory benefit” (“budd-dal cyfrannol cymwys”) means—

(a)

severe disablement allowance;

(b)

incapacity benefit;

(c)

contributory employment and support allowance;

“qualifying income-related benefit” (“budd-dal cymwys ar sail incwm”) means—

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

income-related employment and support allowance;

“qualifying person” (“person cymwys”) means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

“reduction week” (“wythnos ostyngiad”) means a period of seven consecutive days beginning with a Monday and ending with a Sunday;

“relative” (“perthynas”) means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

“relevant week” (“wythnos berthnasol”), in relation to any particular day, means the week within which the day in question falls;

“remunerative work” (“gwaith am dâl”) has the meaning given by regulation 10;

“rent” (“rhent”) means “eligible rent” to which regulation 12 of the Housing Benefit (Persons who have acquired the qualifying age for state pension credit) Regulations 2006(38) refers, less any deductions in respect of non-dependants which fall to be made under paragraph 3 of Schedule 1 and paragraph 5 of Schedule 6 (non-dependent deductions) under an authority’s scheme;

“resident” (“preswylydd”) has the meaning given by Part 1 of the 1992 Act;

“savings credit” (“credyd cynilion”) is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002(39);

“scheme” (“cynllun”) means a council tax reduction scheme as prescribed within Parts 2 to 5 of these Regulations;

“second authority” (“ail awdurdod”) means the authority to which a mover is liable to make payments for a new dwelling;

“self-employed earner” (“enillydd hunangyflogedig”) is to be construed in accordance with section 2(1)(b) of the SSCBA;

“self-employment route” (“llwybr hunangyflogaeth”) means assistance in pursuing self-employed earner’s employment whilst participating in—

(a)

an employment zone programme;

(b)

a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973(40) (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(41) (functions in relation to training for employment, etc); or

(c)

the Employment, Skills and Enterprise Scheme;

“service user group” (“grŵp defnyddwyr gwasanaeth”) means a group of individuals that is consulted by or on behalf of—

(a)

a Health Board, Special Health Board or the Common Services Agency for Scottish Health in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978(42),

(b)

a landlord authority(43) in consequence of a function under section 105 of the Housing Act 1985(44),

(c)

a public authority in Northern Ireland in consequence of a function under section 49A of the Disability Discrimination Act 1995(45),

(d)

a public authority in consequence of a function under section 149 of the Equality Act 2010 (public authority general duty)(46),

(e)

a best value authority in consequence of a function under section 3 of the Local Government Act 1999(47),

(f)

a Welsh improvement authority in consequence of a function under section 5 of the Local Government (Wales) Measure 2009(48),

(g)

a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001(49),

(h)

a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006(50),

(i)

a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006(51),

(j)

the Care Quality Commission in exercise of a function under sections 4 or 5 of the Health and Social Care Act 2008(52),

(k)

the regulator or a private registered provider of social housing in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008(53), or

(l)

a public or local authority in Great Britain in consequence of a function conferred under any other enactment,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;

“single applicant” (“ceisydd sengl”) means an applicant who neither has a partner nor is a lone parent;

“the Skipton Fund” (“Cronfa Skipton”) means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25 March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

“sports award” (“dyfarniad chwaraeon”) means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc Act 1993 out of sums allocated to it for distribution under that section(54);

“the SSCBA” (“DCBNC”) means the Social Security Contributions and Benefits Act 1992(55);

“state pension credit” (“credyd pensiwn y wladwriaeth”) means state pension credit under the State Pension Credit Act 2002(56);

“student” (“myfyriwr”) has the meaning prescribed within paragraph 1 of Schedule 11;

“subsistence allowance” (“lwfans cynhaliaeth”) means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;

“tax year” (“blwyddyn dreth”) means a period beginning with 6 April in one year and ending with 5 April in the next;

“training allowance” (“lwfans hyfforddi”) 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, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Chief Executive of Skills Funding or the Welsh Ministers;

(b)

to a person for that person’s maintenance or in respect of a member of that person’s family; and

(c)

for the period, or part of the period, during which that person is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to that person or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that that person is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973(57) or is training as a teacher;

“the Trusts” (“yr Ymddiriedolaethau”) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarlane (Special Payments) (No 2) Trust;

“universal credit” (“credyd cynhwysol”) has the meaning given by section 1 of the Welfare Reform Act 2012(58);

“voluntary organisation” (“sefydliad gwirfoddol”) means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

“war disablement pension” (“pensiwn anabledd rhyfel”) means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003(59);

“war pension” (“pensiwn rhyfel”) means a war disablement pension, a war widow’s pension or a war widower’s pension;

“war widow’s pension” (“pensiwn rhyfel gwraig weddw”) means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

“war widower’s pension” (“pensiwn rhyfel gŵr gweddw”) means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

“water charges” (“taliadau dŵr”) means—

(a)

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991(60),

(b)

as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002(61),

in so far as such charges are in respect of the dwelling which a person occupies as that person’s home;

“working tax credit” (“credyd treth gwaith”) means a working tax credit under section 10 of the Tax Credits Act 2002(62);

“young person” (“person ifanc”) means a person who falls within the definition of qualifying young person in section 142 of the SSCBA(63).

(2) In these Regulations, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny.

(3) For the purpose of these Regulations, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to that person and on any day—

(a)in respect of which that person satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid because of a reduction in accordance with section 19 or 19A or regulations made under section 17A or 19B of the Jobseeker’s Act 1995(64) (circumstances in which jobseeker’s allowance is not payable);

(b)which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to that person or would be payable to that person but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or

(c)in respect of which an income-based jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001(65) (loss of benefit provisions).

(4) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to that person and on any day—

(a)in respect of which that person satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act 2007(66) (disqualification); or

(b)which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act (employment and support allowance: supplementary provisions) and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to that person or would be payable to that person but for section 18 of that Act.

(5) For the purposes of these Regulations, two persons must be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.

(6) In these Regulations, references to any person in receipt of state pension credit includes a person who would be in receipt of state pension credit but for regulation 13 of the State Pension Credit Regulations 2002(67) (small amounts of state pension credit).

(1)

1996 c.18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c.22) and amended by the Work and Families Act 2006 (c.18), Schedule 1, paragraphs 33 and 34.

(3)

1992 c.4. See sections 64 to 67 of that Act in relation to attendance allowance.

(4)

S.I. 1983/686; relevant amending instruments are S.I. 1984/1675, 2001/420.

(5)

2007 (c.3); section 989 defines basic rate by reference to section 6(2) of that Act. Section 6(2) was amended by section 5 of the Finance Act 2008 (c.9) and section 6 of, and paragraphs 1 and 2 of Part 1 of Schedule 2 to, the Finance Act 2009 (c.10).

(9)

2000 c.14; section 3 was amended by paragraphs 1 and 4 of Schedule 5 to, the Health and Social Care Act 2008 (c.14).

(12)

Section 141 was amended by section 1 of the Child Benefit Act 2005 (c.6).

(13)

2002 c.21; section 8 has been repealed by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5) but those provisions are not yet in force.

(14)

2002 c.21.

(15)

2007 c.5; Part 1 concerns employment and support allowance, amendments are referenced where relevant.

(16)

Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c.30), and repealed by section 90 of the Welfare Reform Act 2012 (c.5) (not yet in force).

(17)

2000 c.7; the definition of “electronic communication” contained in section 15(1) was amended by section 406 of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c.21).

(18)

Section 2(1)(a) was amended by the Income Tax (Earnings and Pensions) Act 2003, Schedule 6, paragraphs 169 and 171 (c.1).

(19)

Section 17A was inserted by the Welfare Reform Act 2009 (c.24), section 1 and amended by the Welfare Reform Act 2012 (c.5), Schedule 7, paragraphs 1 and 4, and Schedule 14, Parts 1 and 3 (not yet in force). The section is repealed by Part 4 of Schedule 14 to that Act (not yet in force).

(20)

1999 c.30.

(21)

2002 c.16.

(23)

1995 c.18. Section 1(4) was amended by the Welfare Reform and Pensions Act 1999, Schedule 7, paragraphs 1 and 2(1) and (4); the Civil Partnership Act 2004 (c.33); section 4 of the Welfare Reform Act 2009 (c.24), and is repealed by the Welfare Reform Act 2012, Schedule 14, Part 1 (not yet in force).

(24)

2006 c.41. The definition of “health service hospital” has been amended by the Health and Social Care Act 2012 (c.7), Schedule 4, paragraph 138.

(25)

2000 c.14; section 2 was amended by the Health and Social Care Act 2008 (c.14), Schedule 5, paragraphs 1 and 3.

(26)

1978 c.29; section 10F was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

(27)

Section 2(1)(b) is amended by the Welfare Reform Act 2012, Schedule 23, paragraph 24 (partially in force); section 4 is repealed by Part 1 of Schedule 14 to that Act (not yet in force).

(28)

1996 c.18.

(29)

1972 c.70. This definition of local authority was amended by section 102 of, and paragraph 8 of Schedule 16 and Schedule 17 to the Local Government Act 1985 (c.51). Other amendments have been made to that definition but they are not relevant to these Regulations.

(30)

1993 c.48. The definition of “occupational pension scheme” was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by S.I. 2007/3014.

(31)

1996 c.18. Sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c.22) and sections 80AA and 80BB were inserted by section 3 of the Work and Families Act 2006 (c.18). Relevant regulations made under these sections are S.I. 2002/2788 and S.I. 2003/921 (made under sections 80A and 80B) and S.I. 2010/1055 and S.I. 2010/1059 (made under sections 80AA and 80BB).

(32)

1995 c.26; paragraph 1 has been amended by the State Pension Credit Act 2002 (c.16), Schedule 2, paragraph 39; the Welfare Reform Act 2007 (c.5), Schedule 3, paragraph 13; the Pensions Act 2007 (c.22), Schedule 3, paragraph 4; and section 1 of the Pensions Act 2011 (c.19).

(33)

2012 c.5.

(34)

1993 c.48; the definition of “personal pension scheme” was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by sections 70 and 114 of, and paragraph 23 of Schedule 20 and paragraph 3 of Schedule 27 to, the Finance Act 2007 (c.11).

(35)

1988 c.1.

(36)

2004 c.12.

(37)

2002 c.16.

(39)

2002 c.16. Section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24, paragraph 140 and S.I. 2002/1792.

(40)

1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) and repealed in part by the Employment Act 1989 (c.38), Schedule 7, Part 1.

(41)

1990 c.35.

(42)

1978 c.29.

(43)

See definition of “landlord authority” in section 114 of the Housing Act 1985 (c.68). Section 114 was amended by section 83(4) of the Housing Act 1988 (c.50); the Government of Wales Act 1998 (c.38) sections 129 and 152, Schedule 15, paragraph 10, and Schedule 18, Part IV; the Localism Act 2011 (c.20) section 222 and Schedule 22, paragraphs 9 and 12; S.I. 1996/2325; and S.I. 2010/866.

(44)

1985 c.68; section 105 was amended by S.I. 1996/2325; the Government of Wales Act 1998 (c.38), Schedule 8, paragraph 5 and Schedule 16, paragraph 5, and S.I. 2010/866.

(45)

1995 c.50; section 49A was inserted in respect of Northern Ireland by article 5 of S.I. 2006/312 (N.I. 1).

(46)

2010 c.15.

(47)

1999 c.27; section 3 was amended by section 137 of the Local Government and Public Involvement in Health Act 2007 (c.28).

(50)

2006 c.41.

(51)

2006 c.42.

(52)

2008 c.14; section 4 has been amended by section 189 of the Health and Social Care Act 2012 (c.7).

(53)

2008 c.17; section 193 was amended the Localism Act 2011 (c.20), Schedule 17, paragraphs 1 and 4 and Schedule 25, Part 27; section 196 was amended by section 26(4) of the Local Democracy, Economic Development and Construction Act 2009 (c.20) and the Localism Act 2011, sections 178, 195 and 237, and Schedules 19 and 25.

(54)

1993 c.39; subsection (2) was amended by S.I. 1996/3095 and 1999/1563.

(55)

1992 c.4.

(56)

2002 c.16.

(57)

1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25 and amended by the Employment Act 1989 (c.38), Schedule 7, Part 1.

(58)

2012 c.5.

(59)

2003 c.1; subsection (2) was inserted by section 19 of the Finance Act 2005 (c.7).

(60)

1991 c.56.

(61)

2002 asp 3; section 29 was substituted, and sections 29A-29G were inserted, by section 21 of the Water Services etc (Scotland) Act 2005 (asp 3).

(62)

2002 c.21.

(63)

Section 142 was amended by section 1 of the Child Benefit Act 2005 (c.6).

(64)

1995 c.18. Section 19 (together with sections 19A to 19C), has been substituted by section 46 of the Welfare Reform Act 2012 (c.5); section 17A has been repealed by Part 4 of Schedule 14 to, the Welfare Reform Act 2012 although that provision is not yet in force. In the meantime amendments have been made to section 17A by sections 48 and 59 of, and Schedules 7 and 14 to, that Act.

(65)

2001 c.11; section 6B was amended by sections 9, 24 and 58 of, and paragraphs 9 and 10 of Schedule 2 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (c.24); sections 31, 33, 113, 118, 119, 121 and 147 of, paragraphs 56 and 58 of Schedule 2, paragraphs 15 and 16 of Schedule 3, Parts 1 and 12 of Schedule 14, to the Welfare Reform Act 2012 (c.5), of which only those made by sections 113(1)(b), 118(1) to (4) and 119 are in force. Section 7 was amended by section 14 of, and Part 3 of Schedule 3 to, the State Pension Credit Act 2002 (c.16); sections 28 and 49 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007 (c.5); sections 9, 24 and 58 of, and paragraphs 9 and 11 of Schedule 2, Part 1 of Schedule 4 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (of which those made by sections 9, 31 and Schedule 7 are not yet in force); S.I. 2011/2298; sections 31, 33, 118, 119 and 147 of, and paragraphs 56 and 59 of Schedule 2, paragraphs 15 and 17 of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by sections 118 and 119 are in force. Section 8 has been repealed by section 147 of, and Part 1 of Schedule 14, to the Welfare Reform Act 2012, but that repeal is not yet in force. Amendments have also been made by sections 1, 24, and 58 of, and Part 1 of Schedule 4 and Part 3 of Schedule 7 to, the Welfare Reform Act 2009; sections 31, 48, 113 and 147 of, and paragraphs 56 and 60 of Schedule 2, paragraph 12 of Schedule 7 and Part 12 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force. Section 9 was amended by section 14 of, and Part 3 of Schedule 2 to, the State Pension Credit Act 2002; section 28 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007; sections 9, 24 and 58 of, and Part 1 of Schedule 7 to, the Welfare Reform Act 2009, none of which are in force; sections 31, 113 and 147 of, and paragraphs 56 and 61 of Schedule 2 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force.

(66)

2007 c.5.

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