121DA Interpretation of Part VI.

1

In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, working families’ tax credit, disabled person’s tax credit, statutory sick pay or statutory maternity pay, that is to say—

a

the Contributions and Benefits Act;

b

this Act;

c

the Pensions Act, except Part III;

d

section 4 of the M1Social Security (Incapacity for Work) Act 1994;

e

the M2Jobseekers Act 1995;

f

the M3Social Security (Recovery of Benefits) Act 1997;

g

Parts I and IV of the M4Social Security Act 1998;

h

Part V of the M5Welfare Reform and Pensions Act 1999;

i

the M6Social Security Pensions Act 1975;

j

the M7Social Security Act 1973;

k

any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above.

2

In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.

3

For the purposes of this Part—

a

references to a document include references to anything in which information is recorded in electronic or any other form;

b

the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice—

i

are transmitted to the recipient of the notice by electronic means; and

ii

are received by him in a form that is legible and capable of being recorded for future reference.

4

In this Part “premises” includes—

a

moveable structures and vehicles, vessels, aircraft and hovercraft;

b

installations that are offshore installations for the purposes of the M8Mineral Workings (Offshore Installations) Act 1971; and

c

places of all other descriptions whether or not occupied as land or otherwise;

and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.

5

In this Part—

• “benefit” includes any allowance, payment, credit or loan;

• “benefit offence” means a criminal offence committed in connection with a claim for benefit under a provision of the relevant social security legislation, or in connection with the receipt or payment of such a benefit; and

• “compensation payment” has the same meaning as in the M9Social Security (Recovery of Benefits) Act 1997.

6

In this Part—

a

any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and

b

any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it.

7

In this section “subordinate legislation” has the same meaning as in the M10Interpretation Act 1978.