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The Family Credit (General) Regulations 1987

Status:

This is the original version (as it was originally made).

Interpretation

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

“the Act” means the Social Security Act 1986;

“assessment period” means such period as is prescribed in regulations 14 to 17 over which income falls to be calculated;

“claim” means a claim for family credit;

“claimant” means a person claiming family 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;

“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(1) are charged;

“date of claim” means the date on which the claimant makes, or is treated as making, a claim for family credit;

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

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

“mobility allowance” means an allowance under section 37A of the Social Security Act(3);

“mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(4) including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983(5);

“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;

“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;

“payment” includes a part of a payment;

“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;

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

“Social Security Act” means the Social Security Act 1975(6)

“student” has the meaning prescribed in regulation 37;

“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;

“year of assessment” has the same meaning prescribed in section 526(5) of the Income and Corporation Taxes Act 1970(7);

“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.

(3)

Section 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.

(4)

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

(5)

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

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