PART 1GENERAL

InterpretationI12

1

In these Regulations—

  • “Abbeyfield Home” means an establishment run by the Abbeyfield Society including any body corporate or incorporate which is affiliated to that Society;

  • “the Act” means the Welfare Reform Act (Northern Ireland) 2007;

  • “action plan” has the meaning given by regulation 58;

  • “adoption leave” means a period of absence from work on ordinary or additional adoption leave under Article 107A or 107B of the Employment Rights Order6;

  • “aircraft worker” means a person who is, or has been, employed under a contract of service either as a pilot, commander, navigator or other member of the crew of any aircraft, or in any other capacity on board any aircraft where—

    1. a

      the employment in that other capacity is for the purposes of the aircraft or its crew or of any passengers or cargo or mail carried on that aircraft; and

    2. b

      the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the aircraft is in flight,

    but does not include a person who is in employment as a member of Her Majesty’s forces;

  • “the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 20047;

  • “attendance allowance” means—

    1. a

      an attendance allowance under section 64 of the Contributions and Benefits Act8;

    2. b

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

    3. c

      a payment under regulations made under paragraph 4(2)(b) of Schedule 8 to that Act (payments for constant attendance in workmen’s compensation cases);

    4. d

      a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19839 or any analogous payment;

    5. e

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

  • F1“basic rate” has the meaning given by section 989 of the Income Tax Act 2007;

  • “the benefit Acts” means the Contributions and Benefits Act, the Jobseekers Order and Part 1 of the Act;

  • “benefit week” means a period of 7 days ending on such day as the Department may direct but for the purposes of calculating any payment of income “benefit week” means the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which an employment and support allowance is paid if it is in payment for less than a week;

  • “board and lodging” means—

    1. a

      accommodation provided to a person or, if the person is a member of a family, to that person or any other member of that person’s family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of that person’s family) and are consumed in that accommodation or associated premises; or

    2. b

      accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

    except accommodation provided by a close relative of the person or any other member of the person’s family, or other than on a commercial basis;

  • “carer’s allowance” means an allowance under section 70 of the Contributions and Benefits Act10;

  • “child” means a person under the age of 16;

  • “child tax credit” means a child tax credit under section 8 of the Tax Credits Act;

  • “the Children Order” means the Children (Northern Ireland) Order 199511;

  • “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

  • “concessionary payment” means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the benefit Acts are charged;

  • “confinement” has the meaning given by section 167(1) of the Contributions and Benefits Act12;

  • “councillor” means a member of a district council;

  • “councillor’s allowance” means such payments for or in connection with the work which a person undertakes as a councillor;

  • “couple” means—

    1. a

      a man and woman who are married to each other and are members of the same household;

    2. b

      a man and woman who are not married to each other but are living together as husband and wife;

    3. c

      two people of the same sex who are civil partners of each other and are members of the same household; or

    4. d

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

    and for the purposes of paragraph (d), 2 people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead 2 people of the opposite sex;

  • “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199913;

  • “the Department”, for the purposes of Chapters 2 and 3 of Part 8, includes the Department for Employment and Learning;

  • “dependent child” means any child or qualifying young person who is treated as the responsibility of the claimant or the claimant’s partner, where that child or young person is a member of the claimant’s household;

  • “descriptor” means, in relation to an activity specified in column (1) of Schedule 2, a descriptor in column (2) of that Schedule which describes a person’s ability to perform that activity;

  • “the Disabled Persons (Employment) Act” means the Disabled Persons (Employment) Act (Northern Ireland) 194514;

  • “disability living allowance” means a disability living allowance under section 71 of the Contributions and Benefits Act15;

  • “doctor” means a registered medical practitioner, or in the case of a medical practitioner practising outside the United Kingdom of whom the Department may request a medical opinion, a person registered or recognised as such in the country in which the person undertakes medical practice;

  • “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;

  • “dwelling occupied as the home” means the dwelling together with any garage, garden ad outbuildings normally occupied by the claimant as the claimant’s home, including any premises part thereof not so occupied which it is impracticable or unreasonable to sell separately together with—

    1. a

      any agricultural land adjoining that dwelling; and

    2. b

      any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

  • “the Education and Libraries Order” means the Education and Libraries (Northern Ireland) Order 198616;

  • “the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

  • “employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland either under a contract of service or in an office (including elective office) with general earnings;

  • “employment” includes any trade, business, profession, office or vocation and “employed” has a corresponding meaning;

  • “the Employment and Training Act” means the Employment and Training Act (Northern Ireland) 195017;

  • “the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 199618;

  • “failure determination” has the meaning given by regulation 63(1);

  • “family” means—

    1. a

      a couple;

    2. b

      a couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person;

    3. c

      a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a young person;

  • “the first contribution condition” means the condition set out in paragraph 1(1) of Schedule 1 to the Act;

  • “full-time student” has the meaning given by regulation 131;

  • “the Fund” means monies made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by the Secretary of State on 24th April 1992 or, in Scotland, on 10th April 1992;

  • “guaranteed income payment” means a payment made under Article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 200519;

  • “health care professional” means—

    1. a

      a registered medical practitioner;

    2. b

      a registered nurse; or

    3. c

      an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 199920;

  • “the Health and Personal Social Services Order” means the Health and Personal Social Services (Northern Ireland) Order 197221;

  • “Health and Social Services Board” means a body established under Article 16 of the Health and Personal Social Services Order;

  • “Health and Social Services Trust” means a Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 199122, by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 199423;

  • “housing association” has the meaning given by Article 3 of the Housing (Northern Ireland) Order 199224;

  • “housing benefit expenditure” means expenditure in respect of which housing benefit is payable as specified in regulation 13(1) of the Housing Benefit Regulations but does not include any such expenditure in respect of which an additional amount is applicable under regulation 67(1)(c) or 68(1)(d) (housing costs);

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 200625;

  • “the Immigration and Asylum Act” means the Immigration and Asylum Act 199926;

  • “income-related benefit” means any of the benefits listed in section 122(1) of the Contributions and Benefits Act27;

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 198728;

  • “independent hospital” has the meaning given by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 200329;

  • “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199630;

  • “last day of the course” means the last day of the final academic term of the course in which the student is enrolled;

  • “limited capability for work assessment” means the assessment of whether a person has limited capability for work set out in regulation 19(2) and Schedule 2;

  • “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

  • “lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

  • “the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

  • “the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

  • “the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

  • “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Act;

  • “mariner” means a person who is or has been in employment under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

    1. a

      the employment in that other capacity is for the purposes of that ship or vessel or her crew or any passengers or cargo or mail carried by the ship or vessel; and

    2. b

      the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on her voyage,

    but does not include a person who is in employment as a member of Her Majesty’s forces;

  • “the maternity allowance period” has the meaning given by section 35(2) of the Contributions and Benefits Act;

  • “medical evidence” means—

    1. a

      evidence from a health care professional approved by the Department; and

    2. b

      evidence (if any) from any health care professional or a hospital or similar institution,

    or such part of such evidence as constitutes the most reliable evidence available in the circumstances;

  • “the Medical Evidence Regulations” means the Social Security (Medical Evidence) Regulations (Northern Ireland) 197631;

  • “medical examination centre” means premises which are equipped and suitable for conducting a medical examination;

  • “medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or other regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly;

  • “member of Her Majesty’s forces” means a person, other than one mentioned in Part 2 of Schedule 1 who is—

    1. a

      over 16 years of age; and

    2. b

      a member of an establishment or organisation specified in Part 1 of that Schedule who gives full pay service,

    but does not include any such person while absent on desertion;

  • “the Mental Health Order” means the Mental Health (Northern Ireland) Order 198632;

  • “mobility supplement” means any supplement under Article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200633 including such a supplement by virtue of any other scheme or order or under Article 25A of the Personal Injuries (Civilians) Scheme 198334;

  • “net earnings” means such earnings as are calculated in accordance with regulation 96;

  • “net profit” means such profit as is calculated in accordance with regulation 98;

  • “non-dependant” has the meaning given by regulation 71;

  • “non-dependant deduction” means a deduction that is to be made under regulation 67(1)(c) (prescribed amounts) and paragraph 19 of Schedule 6 (housing costs);

  • “nursing home” has the meaning given by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

  • “occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

  • “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 199335

  • “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

  • “partner” means where a claimant—

    1. a

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

    2. b

      is a husband or wife by virtue of a polygamous marriage, the other party to the marriage or any spouse additional to either party to the marriage;

  • “passenger” means any person carried on a ship except—

    1. a

      a person employed or engaged in any capacity on board the ship on the business of the ship; or

    2. b

      a person on board the ship either in pursuance of the obligation to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled;

  • “payment” includes a part of a payment;

  • “pay period” means the period in respect of which a claimant is, or expects to be, normally paid by the claimant’s employer, being a week, a fortnight, 4 weeks, a month or other shorter or longer period as the case may be;

  • “pension fund holder” means in relation to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;

  • “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 199536;

  • “period of limited capability for work” means a period throughout which a person has, or is treated as having, limited capability for work;

  • “period of study” means the period beginning with the date on which a person starts attending or undertaking a course of study and ending with the last day of the course or such earlier date (if any) as that person finally abandons it or is dismissed from it;

  • “personal pension scheme” means—

    1. a

      a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 199337;

    2. b

      an annuity contract or trust scheme approved under section 620 or 621 of the Taxes Act or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 200438;

    3. c

      a personal pension scheme approved under Chapter 4 of Part 14 of the Taxes Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

  • “policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

  • “polygamous marriage” means any marriage entered into under a law which permits polygamy where—

    1. a

      either party has for the time being any spouse additional to the other party; and

    2. b

      the claimant, the other party to the marriage and the additional spouse are members of the same household;

  • “qualifying person” means a person in respect of whom payment has been made from the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund;

  • “qualifying remunerative work” has the meaning given by Part 1 of the Tax Credits Act;

  • “qualifying young person” has the meaning given by section 138(2) of the Contributions and Benefits Act39;

  • “relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

  • “relevant disease” means an infectious disease to which—

    1. a

      section 15(1) of the Public Health Act (Northern Ireland) 196740 (power to require person in contact with infectious disease to discontinue employment and compensation therefor) applies;

    2. b

      regulations 8 and 9 of the Public Health (Aircraft) Regulations (Northern Ireland) 197141 (examination, etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply; or

    3. c

      regulations 9 and 10 of the Public Health (Ships) Regulations (Northern Ireland) 197142 (examination, etc., of persons on ships and powers in respect of certain persons on ships) apply;

  • “remunerative work”, except in relation to Schedules 6 and 7, has the meaning given by regulations 41 and 42;

  • “residential care home” has the meaning given by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

  • “the second contribution condition” means the condition set out in paragraph 2(1) of Schedule 1 to the Act;

  • “self-employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment);

  • “self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in a programme provided or other arrangements made under section 1 of the Employment and Training Act43;

  • “single claimant” means a claimant who neither has a partner nor is a lone parent;

  • “the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

  • “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 199344 out of sums allocated to it for distribution under that section;

  • F3“state pension credit” means a state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

  • F2...45

  • “the Students Awards Regulations” means the Student Awards Regulations (Northern Ireland) 200346;

  • “the Tax Credits Act” means the Tax Credits Act 200247;

  • “the Taxes Act” means the Income and Corporation Taxes Act 198848;

  • “tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;

  • “terminally ill”, in relation to a claimant, means the claimant is suffering from a progressive disease and death in consequence of that disease can reasonably be expected within 6 months;

  • “training” means—

    1. a

      training in pursuance of arrangements made under section 1 or 3 of the Employment and Training Act; or

    2. b

      any training received on a course which a person attends for 16 hours or more a week, the primary purpose of which is the teaching of occupational or vocational skills;

  • “training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

    1. a

      out of public funds by a government department or by or on behalf of the Department for Employment and Learning;

    2. b

      to a person for that person’s maintenance or in respect of a member of that person’s family; and

    3. c

      for the period, or part of the period, during which the person is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to that person or so provided or approved by or on behalf of the Department for Employment and Learning,

    but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that that person is following a course of full-time education, other than under provision or arrangements under sections 2 and 3 of the Disabled Persons (Employment) Act49 or section 1(1) of the Employment and Training Act, or is training as a teacher;

  • “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association;

  • “war disablement pension” means any retirement pay, pension or allowance granted in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 200350;

  • “war widow’s pension” means a pension payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

  • “war widower’s pension” means a pension payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

  • “water charges” means any water and sewerage charges under Chapter 1 of Part 7 of the Water and Sewerage Services (Northern Ireland) Order 200651 in so far as such charges are in respect of the dwelling occupied as the home;

  • “week”, except in relation to regulation 26, means a period of 7 days;

  • “work or training beneficiary” has the meaning given by regulation 148;

  • “working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 197152;

  • “working tax credit” means a working tax credit under section 10 of the Tax Credits Act;

  • “young person” is a person who, except where section 6 of the Children (Leaving Care) Act (Northern Ireland) 200253 (exclusion from benefits) applies, falls within the definition of qualifying young person in section 138 of the Contributions and Benefits Act.

2

In F4... paragraph 15(2) of Schedule 6 (housing costs: linking rule)—

  • “the 1991 Order” means the Child Support (Northern Ireland) Order 199154;

  • “child support maintenance” means such periodical payments as are referred to in Article 4(6) of the 1991 Order and includes any payments made by the Department in lieu of such payments;

  • “maintenance assessment” has the meaning given by Article 2 of the 1991 Order as it has effect apart from the 2000 Act;

  • “maintenance calculation” has the meaning given by Article 2 of the 1991 Order55 as amended by the 2000 Act.

3

Any reference to the claimant’s family is to be construed as if it included in relation to a polygamous marriage a reference to any partner and any child or young person who is a member of the claimant’s household.

4

For the purposes of paragraph 5 of Schedule 1 to the Act, “week” means a period of 7 days.

5

The Interpretation Act (Northern Ireland) 195456 applies to these Regulations as it applies to an Act of the Assembly.