Social Security Contributions and Benefits Act 1992 (c. 4)

Modifications etc. (not altering text)

C1 Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

Part VII E+W+S Income-Related Benefits

Modifications etc. (not altering text)

C2 Pt. 7: power to modify conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 150(7), 151, 192(4).

General E+W+S

[F1 137 Interpretation of Part VII and supplementary provisions. E+W+S

(1) In this Part of this Act, unless the context otherwise requires—

• [F2 “billing authority” has the same meaning as in Part I of the Local Government Finance Act 1992;]

• “child” means a person under the age of 16;

• [F3 “couple” means—

  (a)

  two people who are married to, or civil partners of, each other and are members of the same household; or

  (b)

  two people who are not married to, or civil partners of, each other but are living together [F4 as if they were a married couple or civil partners] otherwise than in prescribed circumstances;]

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• “family” means—

  (a)

  a [F6 couple];

  (b)

  a [F6 couple] and a member of the same household for whom one of them is or both are responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a [F6 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• [F7 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;]

• “industrial injuries scheme” means a scheme made under Schedule 8 to this Act or section 159 of the 1975 Act or under the Old Cases Act;

• F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F9 “local authority” in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F11 “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26);]

• “prescribed”means specified in or determined in accordance with regulations;

• [F11 “the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)—

  (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;]

• [F11 “state pension credit” means state pension credit under the State Pension Credit Act 2002;]

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “war pension scheme” means a scheme under which war pensions (as defined in section 25 of the M1 Social Security Act 1989) are provided;

• “week”, in relation to [F12 council tax benefit], means a period of 7 days beginning with a Monday.

F13 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Regulations may make provision for the purposes of this Part of this Act—

(a) as to circumstances in which a person is to be treated as being or not being in Great Britain;

(b) continuing a person’s entitlement to benefit during periods of temporary absence from Great Britain;

(c) as to what is or is not to be treated as remunerative work or as employment;

[F14 (d) as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;]

(e) as to what is or is not to be treated as relevant education;

(f) as to circumstances in which a person is or is not to be treated as receiving relevant education;

(g) specifying the descriptions of pension increases under war pension schemes or industrial injuries schemes that are analogous to the benefits mentioned in section 129(2)(b)(i) to (iii) above;

(h) as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;

(i) for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;

(j) for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;

(k) for treating as included in a dwelling any land used for the purposes of the dwelling;

(l) as to circumstances in which persons are to be treated as being or not being members of the same household;

(m) as to circumstances in which one person is to be treated as responsible or not responsible for another.]

Textual Amendments

F1 Ss. 123-137 repealed (1.4.2013 in relation to council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F2 Words in s. 137(1) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 9(a) (with s. 118(1)(2)(4))

F3 Words in s. 137(1) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(8)(a); and substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 4 para. 2(13)(a)

F4 Words in s. 137(1) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 14(2)(d)

F5 Words in s. 137(1) repealed (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 9(b), Sch. 14 (with s. 118(1)(2)(4))

F6 Word in s. 137(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 46(2); S.I. 2005/3175, art. 2(1), Sch. 1

F7 Words in s. 137(1) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 35(2); S.I. 1996/2208, art. 2(b)

F8 Words in s. 137(1) repealed (S.) (1.4.1996) by Local Government etc. (Scotland) Act 1994 (c. 39), s. 184(2), Sch. 13 para. 174(5), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F9 Words in s. 137(1) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 5 para. 1(4)

F10 Words in s. 137(1) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 46(3), Sch. 30; S.I. 2005/3175, art. 2(1)(6), Sch. 1

F11 Words in s. 137(1) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 4(2); S.I. 2003/1766, art. 2(a)

F12 Words in s. 137(1) repealed (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 9(d) (with s. 118(1)(2)(4))

F13 S. 137(1A) omitted (E.W.) (13.3.2014) by virtue of The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(8)(b); and omitted (S.) (16.12.2014) by virtue of The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 4 para. 2(13)(b)

F14 S. 137(2)(d) substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 35(3); S.I. 1996/2208, art. 2(b)

Marginal Citations

M1 1989 c. 24.