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The Family Credit (General) Regulations 1987

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InterpretationU.K.

2.—(1) In these Regulations, unless the context otherwise requires—

the Act” means the Social Security Act 1986;

[F1“appropriate officer” means the Board or, as the case may be, an officer of the Board;]

[F2assessment period” means, in the case of an employed earner, a period determined in accordance with [F3regulation 14 or, as the case may be, 14A] and, in the case of a self- employed earner, a period determined in accordance with regulation 15];

[F4 “the benefit Acts ” means the Contributions and Benefits Act and the Jobseekers Act 1995; ]

[F5“the Board” means the Commissioners of Inland Revenue;]

[F6 “the Children Order ” means the Children (Northern Ireland) Order 1995; ]

claim” means a claim for [F7working families' tax credit];

claimant” means a person claiming [F7working families' tax credit];

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;

[F8 “community charge benefit” means community charge benefits under Part VII of the Contributions and Benefits Act as originally enacted; ]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 Act, the Social Security Act or the Child Benefit Act 1975 M1 are charged;

[F9 “the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992; ]

[F10“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners [F11or a relevant person];]

[F12“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;]

date of claim” means the date on which the claimant makes, or is treated as making, a claim for [F7working families' tax credit];

[F13“director” means a director of a company, and for this purpose “company” means a company within the meaning of section 735(1) of the Companies Act 1985 or a body corporate to which, by virtue of section 718 of that Act, any provision of that Act applies;]

[F14“disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act;]

[F15“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991;

“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act;]

earnings” has the meaning prescribed in regulation 19 or, as the case may be, 21;

[F16 “earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme ; ]

[F17 “the Earnings Top-up Scheme ” means the Earnings Top-up Scheme 1996; ]

employed earner” shall be construed in accordance with section 2(1)(a) of the Social Security Act M2;

[F18“employment zones” means an area within Great Britain designated by the Employment Zones Regulations 2000 for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for an employment zone or zones designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;]

[F18“employment zone contractor” 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 Education and Employment;]

[F19“extra statutory maternity pay” means a payment or payments made by an employer to an employee during a maternity pay period in order to supplement statutory maternity pay that is paid to that employee for that period;]

[F20“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;]

[F21“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;]

[F22“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;]

[F23“maternity allowance” has the meaning given by section 35 of the Contributions and Benefits Act;]

[F24“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;]

mobility allowance” means an allowance under section 37A of the Social Security Act M3;

mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 M4 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983 M5;

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;

[F25“New Deal option” means any of the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;]

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;

partner” means, where a claimant—

(a)

is a member of a married or unmarried couple, the other member of that couple,

(b)

is married polygamously to two or more members of the same household, any such member;

[F26“paternity leave” means leave under section 80A of the Employment Rights Act 1996.]

[F27“pay period” has the meaning given in regulation 14(7)(b);]

payment” includes a part of a payment;

[F28“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;]

[F29 “personal pension scheme” has the same meaning as in [F30section 1 of the Pension Schemes Act 1993] and, in the case of a self-employed earner, includes a scheme approved by the 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;

[F31“Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;]

[F32“qualifying person” means a person in respect of whom payment has been made from the Fund [F33or the Eileen Trust];]

[F34“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;]

[F35 “retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988; ]

self-employed earner” shall be construed in accordance with section 2(1)(b) of the Social Security Act;

[F36“self-employment route” means—

(a)

that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996; or

(b)

assistance in pursuing self-employed earner’s employment while participating in—

(i)

an employment zone programme; or

(ii)

a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, or the Scottish Enterprise or Highlands or Islands Enterprise; or

(iii)

the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or the Intensive Activity Period for 50 plus;]

Social Security Act” means the Social Security Act 1975 M6

[F37 “sports award” 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; ]

[F38“statutory maternity pay” and “maternity pay period” shall be construed in accordance with Part XII of the Contributions and Benefits Act;]

[F39“statutory paternity pay” means any payment under section 171ZA of the Contributions and Benefits Act;]

student” has the meaning prescribed in regulation 37;

[F18“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme, which is equal to the amount of income-based jobseeker’s allowance which that person would have received in a benefit week had it been payable to him, less 50p;]

[F40“surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990 [F41(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)];]

[F42“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;]

[F43“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;]

[F44“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;]

[F45“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;]

[F46“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;]

[F47“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;]

[F48 “the Macfarlane (Special Payments) ( No. 2) Trust” means the trust of that name, established on 3rd May 1991 partlyout of funds provided by the Secretary of State, for the benefit ofcertain persons suffering from haemophilia and other beneficiaries;]

[F49“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;]

[F50“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 [F51, the Learning and Skills Council for England, or the National Assembly for Wales], Scottish Enterprise or Highlands and Islands Enterprise;

(b)

to a person for his maintenance or in respect of a member of his family; and

(c)

for the period, or part of the period, during which he 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 him or so provided or approved by or on behalf of the Secretary of State [F52, the National Assembly for Wales], Scottish Enterprise or Highlands and Islands Enterprise,

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 he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973, or is training as a teacher;]

[F53“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;]

[F54“water charges” means—

(a)

as respects England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991;

(b)

as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992;]

week” means a period of seven days beginning with midnight between Saturday and Sunday;

week of claim” means the week which includes the date of claim;

[F55“working families' tax credit” means working families' tax credit under section 128 of the Contributions and Benefits Act;]

“year of assessment” has the same meaning prescribed in section 526(5) of the Income and Corporation Taxes Act 1970 M7;

young person” has the meaning prescribed in regulation 6.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.

Textual Amendments

F1Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 3(a)

F2Words in reg. 2(1) substituted (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), 2(a)

F3Words in reg. 2(1) substituted (12.4.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(c), 10(a)

F5Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 3(b)

F6Words in reg. 2(1) inserted (1.4.1998 coming into force in accordance with reg. 1(2)(3)(4)(5)(6)) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 5(1), (2)(c)

F8Words in reg. 2(1) inserted (13.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(d), 10(a)

F9Words in reg. 2(1) inserted (13.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(d), 10(b)

F10Words in reg. 2(1) inserted (4.10.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1994 (S.I. 1994/1924), regs. 1(2)(a), 4(2)(a)

F12Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by Tax Credits (Miscellaneous Amendments No.4) Regulations 2002 (S.I. 2002/1696), regs. 1(1), 4

F13Words in reg. 2(1) substituted (12.4.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(c), 10(b)

F15Words in reg. 2(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 3(c)

F16Words in reg. 2(1) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs 1(1)(a), (4), 13, Sch. para. 1 and 2(c)

F17Words in reg. 2(1) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs 1(1)(a), (4), 13, Sch. para. 1 and 2(c)

F18Words in reg. 2(1) inserted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/795), regs. 1(1), 2(1), (2)(b)

F21Words in reg. 2(1) inserted (4.10.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1994 (S.I. 1994/1924), regs. 1(2)(a), 4(2)(b)

F22Words in reg. 2(1) inserted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 4

F26Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by Tax Credits (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/44), regs. 1(1), 8(2)

F27Words in reg. 2(1) inserted (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), 2(b)

F37Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 2(2)(c)

F39Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by Tax Credits (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/44), regs. 1(1), 8(3)

F47Words in reg. 2(1) inserted (31.1.1990) by Income-related Benefits Schemes Amendment Regulations 1990 (S.I. 1990/127), reg. 1(1), 2

F51Words in reg. 2 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 4) Regulations 2001 (S.I. 2001/1082), regs. 1(1), 4(a)

F52Words in reg. 2 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 4) Regulations 2001 (S.I. 2001/1082), regs. 1(1), 4(b)

F53Words in reg. 2(1) inserted (11.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(b), 10

F54Words in reg. 2(1) inserted (13.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(d), 10(c)

F55Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 3(d)

Modifications etc. (not altering text)

C1Reg. 2(1) modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 12(1), (2)(c)

Marginal Citations

M3Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 64, the Social Security Act 1979 (c. 18) section 3 and by the Social Security Act 1986 (c. 50) sections 71 and 86 and Schedule 11.

M4S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.

M5S.I. 1983/686, amended by S.I. 1983/1164, 1540 and 1986/628.

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