The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006

Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

3.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “contract variation” insert—

““disabled” means entitled to a disability living allowance within the meaning of section 71 of the Social Security Contributions and Benefits Act 1992(1);”;

(b) for the definition of “partner” substitute—

““partner” means the other member of a couple consisting of—

(a)

a man and a woman who are not married to each other but are living together as if they were husband and wife, or

(b)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;”;

(c) after the definition of “partner” insert—

““relative” means a mother, father, adopter, guardian, special guardian parent-in-law, step-parent, son, step-son, daughter, step-daughter, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, uncle, aunt or grandparent, and includes adoptive relationships and relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption;

“special guardian”, means a person appointed as a special guardian under section 14A of the Children Act 1989(2);”.

(3) For paragraph (2) substitute—

“(2) A reference in any provision of these Regulations to a period of continuous employment is to a period computed in accordance with Chapter 1 of Part 14 of the 1996 Act, as if the provision were a provision of that Act.”.

(4) Paragraph (3) shall be omitted.

(1)

1992 c. 4. Section 71 corresponds to provisions formerly contained in Section 1 of the Disability Living Allowance and Disability Working Allowance Act 1991. Section 1 of that Act was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c.6).

(2)

1989 c.41. Section 14A (which extends to England and Wales only) was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38).