The Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007

Interpretation

2.—(1) In these Regulations—

“the Fraud Act” means the Social Security Fraud Act 2001(1);

“attendance allowance” means —

(a)

an attendance allowance under section 64;

(b)

an increase of disablement pension under section 104 or 105 (increases where constant attendance needed and for exceptionally severe disablement);

(c)

a payment in respect of the need for constant attendance under regulations made in accordance with section 111 and paragraph 7(2) of Schedule 8 (payments for constant attendance in workmen’s compensation cases);

(d)

an increase in allowance which is payable in respect of constant attendance under section 111 and paragraph 4 of Schedule 8 (industrial diseases benefit schemes);

(e)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(2) or any analogous payment;

(f)

any payment based on the need for attendance which is paid as an addition to a war disablement pension;

“disability living allowance” means a disability living allowance under section 71;

“partner” means—

(a)

where a claimant is a member of a couple, the other member of that couple;

(b)

where a claimant is polygamously married to two or more members of his household, any such member;

“relevant authority” has the same meaning as in paragraph 1 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(3);

“war disablement pension” means—

(a)

any retirement pay, pension or allowance granted in respect of disablement under powers conferred by or under—

(i)

the Air Force (Constitution) Act 1917(4);

(ii)

the Personal Injuries (Emergency Provisions) Act 1939(5);

(iii)

the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(6);

(iv)

the Polish Resettlement Act 1947(7);

(v)

Part VII or section 151 of the Reserve Forces Act 1980(8);

(b)

the following pay, pension or allowances, but only the part attributable to disablement or disability—

(i)

a wounds pension granted to a member of the armed forces of the Crown;

(ii)

retired pay of a disabled officer granted on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;

(iii)

a disablement or disability pension granted to a member of the armed forces of the Crown, other than a commissioned officer, on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;

(iv)

a disablement pension granted to a person who has been employed in the nursing services of any of the armed forces of the Crown on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown; and

(c)

a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(9).

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered section or Schedule is a reference to the section of, or Schedule to, the Social Security Contributions and Benefits Act 1992 bearing that number.

(1)

2001 c. 11.

(2)

S.I. 1983/686. Article 14 was substituted and Articles 15 and 16 were amended by S.I. 2001/1420.

(3)

2000 c.19. Paragraph 1(1) of Schedule 7 defines a “relevant authority” as an authority administering housing benefit or council tax benefit.

(4)

1917 c.51 (7 & 8 Geo 5).

(5)

1939 c. 82 (2 & 3 Geo 6).

(6)

1939 c. 38 (2 & 3 Geo). Sections 3, 4 and 5 were amended by the Pensions (mercantile Marine) Act 1942, section 2, 6 and Schedule.

(7)

1947 c. 19 (10 & 11 Geo 6). Section 1 was amended by the Civil Partnership Act 2004, section 257 and Schedule 26, paragraph 17.

(8)

1980 (c.9). Amendments and repeals have been made to Part VII by the Armed Forces Act 2006, Section 358, S78(2), Schedule 14 from a date to be appointed.

(9)

S.I. 2005/439.