C1Part VI Miscellaneous Provisions relating to Part I to V

Annotations:
Modifications etc. (not altering text)

Interpretation

121 Interpretation of Parts I to VI and supplementary provisions.

1

In Parts I to V above and this Part of this Act, unless the context otherwise requires—

  • beneficiary”, in relation to any benefit, means the person entitled to that benefit;

  • benefit” means—

    1. a

      benefit under Parts II to V of this Act other than Old Cases payments;

    2. b

      as respects any period before 1st July 1992 but not before 6th April 1975, benefit under Part II of the 1975 Act; or

    3. c

      as respects any period before 6th April 1975, benefit under—

    4. i

      the M1M2National Insurance Act (Northern Ireland) 1946 or 1966; or

    5. ii

      the M3M4National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 or 1966;

  • child” means a person under the age of 19 who would be treated as a child for the purposes of Part IX of this Act or such other person under that age as may be prescribed;

  • claim” is to be construed in accordance with “claimant”;

  • claimant”, in relation to benefit other than industrial injuries benefit, means a person who has claimed benefit;

  • claimant”, in relation to industrial injuries benefit, means a person who has claimed industrial injuries benefit;

  • contract of service” means any contract of service or apprenticeship whether written or oral and whether express or implied;

  • F1“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;

    • current”, in relation to the lower and upper earnings limits F2and primary and secondary thresholds under section 5(1) above, means for the time being in force;

    • F3day of interruption of employment” has the meaning assigned by section 25A(1)(c) above;

    • deferred” and “period of deferment” have the meanings assigned to them by section 55 above;

    • earner” and “earnings” are to be construed in accordance with sections 3, 4 and 112 above;

    • employed earner” has the meaning assigned to it by section 2 above;

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

    • entitled”, in relation to any benefit, is to be construed in accordance with—

      1. a

        the provisions specifically relating to that benefit;

      2. b

        in the case of a benefit specified in section 20(1) above, section 21 above; and

      3. c

        sections 1 to 3 F4of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998;

    • government department” means, or as the case may require, includes, a Northern Ireland department;

    • industrial injuries benefit” means benefit under Part V of this Act, other than under Schedule 8 to this Act;

  • F5. . .

    • the Inland Revenue” means the Commissioners of Inland Revenue;

    • late husband”, in relation to a woman who has been more than once married, means her last husband;

    • long-term benefit” has the meaning assigned to it by section 20(2) above;

    • loss of physical faculty” includes disfigurement whether or not accompanied by any loss of physical faculty;

    • F6lower earnings limit”, “upper earnings limitF7primary threshold” and “secondary threshold are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to F7the primary or secondary threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;

    • medical examination” includes bacteriological and radiographical tests and similar investigations and “medically examined” has a corresponding meaning;

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

    • Old Cases payments” means payments under Part I of Schedule 8 to this Act;

  • F8PAYE settlement agreement” has the same meaning as in section 206A of the Income and Corporation Taxes Act 1988;

    • payments by way of occupational or personal pension” means, in relation to a person, periodical payments which, in connection with the coming to an end of an employment of his, fall to be made to him-

      1. a

        out of money provided wholly or partly by the employer or under arrangements made by the employer;

      2. b

        out of money provided under an enactment or instrument having the force of law in any part of the United Kingdom or elsewhere;

      3. c

        under a personal pension scheme as defined in Article 2(2) of the 1986 Order;

      4. d

        under a contract or trust scheme approved under Chapter III of Part XIV of the M5Income and Corporation Taxes Act 1988; or

      5. e

        under a personal pension scheme approved under Chapter IV of that Part of that Act,

      and such other payments as are prescribed;

    • F9pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;

    • pneumoconiosis” means fibrosis of the lungs due to silica dust, asbestos dust, or other dust, and includes the condition of the lungs known as dust-reticulation;

    • prescribe” means prescribe by regulations;

    • primary percentage” is to be construed in accordance with F10section 8(2) above;

    • qualifying earnings factor” means an earnings factor equal to the lower earnings limit for the year in question multiplied by 52;

    • relative” includes a person who is a relative by marriage and a person who would be a relative if some person born illegitimate had been born legitimate;

    • relevant accident” means the accident in respect of which industrial injuries benefit is claimed or payable;

    • relevant injury” means the injury in respect of which industrial injuries benefit is claimed or payable;

    • relevant loss of faculty” means—

      1. a

        in relation to severe disablement allowance, the loss of faculty which results in the disablement; or

      2. b

        in relation to industrial injuries benefit, the loss of faculty resulting from the relevant injury;

    • self-employed earner” has the meaning assigned to it by section 2 above;

    • short-term benefit” has the meaning assigned to it by section 20(2) above;

    • tax week” means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in the case of a tax year ending in a leap year, the last two days) to be treated accordingly as a separate tax week;

    • tax year” means the twelve months beginning with 6th April in any year, the expression “1978-79” meaning the tax year beginning with 6th April 1978, and any correspondingly framed reference to a pair of successive years being construed as a reference to the tax year beginning with 6th April in the earlier of them;

    • trade or business” includes, in relation to a public or local authority, the exercise and performance of the powers and duties of that authority;

    • trade union” means an association of employed earners;

    • week”, except in relation to F11disabled person’s tax credit, means a period of 7 days beginning with Sunday.

  • F12working life” has the meaning given by paragraph 5(8) of Schedule 3 to this Act.

2

Regulations F13made by the Treasury with the concurrence of the Department may make provision modifying the meaning of “employment” for the purposes of any provision of Parts I to V and this Part of this Act.

3

Provision may be made F14by the Treasury by regulations made with the concurrence of the Department as to the circumstances in which a person is to be treated as residing or not residing with another person for any of the purposes of Parts I to V and this Part of this Act and as to the circumstances in which persons are to be treated for any of those purposes as residing or not residing together.

4

A person who is residing with his spouse shall be treated for the purposes of Parts I to V of this Act and this Part as entitled to any child benefit to which his spouse is entitled.

5

Regulations may, for the purposes of any provision of those Parts under which the right to any benefit or increase of benefit depends on a person being or having been entitled to child benefit, make provision whereby a person is to be treated as if he were or had been so entitled or as if he were not or had not been so entitled.

6

For the purposes of Parts I to V of this Act and this Part a person is “permanently incapable of self-support” if (but only if) he is incapable of supporting himself by reason of physical or mental infirmity and is likely to remain so incapable for the remainder of his life.