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Social Security Contributions and Benefits Act 1992, Section 137 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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—
two people who are married to, or civil partners of, each other and are members of the same household; or
two people who are not married to, or civil partners of, each other but are living together [F4as 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 [F6couple];
a [F6couple] 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;
except in prescribed circumstances, a person who is not a member of a [F6couple] 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)—
in the case of a woman, pensionable age; or
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 M1Social Security Act 1989) are provided;
“week”, in relation to [F12council 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
F1Ss. 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)
F2Words 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))
F3Words 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)
F4Words 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)
F5Words 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))
F6Word 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
F7Words 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)
F8Words 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)
F9Words in s. 137(1) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 5 para. 1(4)
F10Words 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
F11Words 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)
F12Words 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))
F13S. 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)
F14S. 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)
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