The Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002

Interpretation

2.  In this Order—

“the Administration Act” means the Social Security Administration Act 1992(1);

“the Benefits Act” means the Social Security Contributions and Benefits Act 1992(2);

“council tax benefit” means the benefit to which section 123(1)(e) of the Benefits Act refers(3);

“decisions on claims” means any decisions in relation to those benefits or payments referred to in article 3(1) that fall to be made under or by virtue of—

(a)

the Administration Act;

(b)

the Benefits Act;

(c)

section 34 of the Social Security Act 1998(4); and

(d)

the Child Support, Pensions and Social Security Act 2000(5)

and any Regulations and Orders made under those provisions for the time being in force and, for the purposes of this Order, references to decisions include references to any determinations embodied in, or necessary to, a decision;

“discretionary housing payment” means any payment made by virtue of regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;

“housing benefit” means the benefit to which section 123(1)(d) of the Benefits Act refers;

“local authority” means a billing authority, housing authority or local authority as they are defined in section 191 of the Administration Act(6);

“subsidy” means rent rebate subsidy, rent allowance subsidy or council tax benefit subsidy as referred to in section 140A(2)(7) of the Administration Act or any grant made under section 70 of the Child Support, Pensions and Social Security Act 2000 (grants towards costs of discretionary housing payments).

(1)

1992 c. 5.

(2)

1992 c. 4.

(3)

Section 123(1)(e) with respect to council tax benefit was substituted by the Local Government Finance Act 1992 (c. 14).

(4)

1998 c. 14. Section 34(4) and 34(5) were repealed for all purposes, except those specified in article 2(3) of S.I. 2001/1252, by section 85 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

(5)

2000 c. 19.

(6)

The definition of “billing authority” was inserted by paragraph 25 of Schedule 9 to the Local Government Finance Act 1992 and the definition of “local authority” was amended by paragraph 94 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and by paragraph 175(5)(b) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39).

(7)

Section 140A was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52).