PART IGENERAL

Interpretation2

1

In these Regulations, unless the context otherwise requires—

  • “the Act” means the National Assistance Act 1948;

  • “attendance allowance” has the same meaning as in the Income Support Regulations;

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19922;

  • “council tax” shall be construed in accordance with section 1(1) of the Local Government Finance Act 19923;

  • “council tax benefit” means council tax benefit under the Contributions and Benefits Act4;

  • “couple” has the same meaning as in the Income Support Regulations;

  • “disability living allowance” means a disability living allowance under the Contributions and Benefits Act5;

  • “disability working allowance” means a disability working allowance under the Contributions and Benefits Act6;

  • “dwelling” has the meaning prescribed in section 137(1) of the Contributions and Benefits Act;

  • “employed earner” shall be construed in accordance with section 2(1)(a) of the Contributions and Benefits Act;

  • “the Fund” has the same meaning as in the Income Support Regulations7;

  • “income support” means income support under the Contributions and Benefits Act8;

  • “the Income Support Regulations” means the Income Support (General) Regulations 19879;

  • “the Independent Living Fund” has the same meaning as in the Income Support Regulations10;

  • “invalidity pension” means an invalidity pension under the Contributions and Benefits Act11;

  • “less dependent resident” means a resident—

    1. a

      in premises which are neither owned nor managed by a local authority12 and which are not registered (as respects England and Wales) under the Registered Homes Act 198413 or (as respects Scotland) under Part IV of the Social Work (Scotland) Act 196814; or

    2. b

      in premises which are either owned or managed or owned and managed by a local authority but at which residents are not provided with board,

    and in this context “board” means at least some cooked or prepared meals which are both cooked or prepared, by a person other than the resident or a member of his family, and consumed at those premises or in associated premises, if the cost of those meals is accounted for as part of the standard rate for the accommodation at those premises;

  • “liable relative” means a spouse or former spouse of a resident;

  • “the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No.2) Trust” and “the Macfarlane Trust” have the same meaning as in the Income Support Regulations15;

  • “mobility supplement” has the same meaning as in the Income Support Regulations;

  • “partner” has the same meaning as in the Income Support Regulations;

  • “resident” means a person provided with accommodation under Part III of the Act16;

  • “self-employed earner” shall be construed in accordance with section 2(1)(b) of the Contributions and Benefits Act;

  • “severe disablement allowance” means a severe disablement allowance under the Contributions and Benefits Act17;

  • “sickness benefit” means sickness benefit under the Contributions and Benefits Act(18;

  • “standard rate” means a standard rate fixed in accordance with section 22(2) of the Act19;

  • “student” has the meaning prescribed in regulation 61 of the Income Support Regulations20 (interpretation);

  • “temporary resident” means a resident whose stay is—

    1. a

      unlikely to exceed 52 weeks, or

    2. b

      in exceptional circumstances, unlikely substantially to exceed that period.

2

Where reference is made in these Regulations to the application of a provision in the Income Support Regulations, any reference to “claimant” in the provision of the Income Support Regulations so applied shall be construed as a reference to a resident.

3

In these Regulations, unless the context otherwise requires, a reference—

a

to a numbered Part is to the Part of these Regulations bearing that number;

b

to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

c

in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

d

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.