In this Chapter, unless the context otherwise requires—

• F18...

• “claimant” includes a young claimant;

• F9“claimant’s family” shall be construed in accordance with section 137 of the contributions and Benefits Act 1992 (interpretation of part 7 and supplementary provisions);

• F9“housing costs” means, those costs which may be met under regulation 17(1)(e) or 18(1)(f) (housing costs);

• “liable relative” means—

  1. a

     a spouse F4, former spouse, civil partner or former civil partner of a claimant or of a member of the claimant's family;

  2. b

     a parent of a child or young person who is a member of the claimant's family or of a young claimant;

  3. c

     a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution he may reasonably be treated as the father of that child, young person or young claimant;

  4. d

     a person liable to maintain another person F10in the circumstances set out in section 78(6)(c) of the Social Security Administration Act 1992 (liability to maintain another person) where the latter is the claimant or a member of the claimant's family,

  and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;

• F9“ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;

• “payment” means a periodical payment or any other payment made by or derived from a liable relative F11... but it does not include any payment—

  1. a

     arising from a disposition of property made in contemplation of, or as a consequence of—

     1. i

        an agreement to separate; or

     2. ii

        any proceedings for judicial separation, divorce or nullity of marriage; F5or

     3. iii

        F6any proceedings for separation, dissolution or nullity in relation to a civil partnership;

  2. b

     made after the death of the liable relative;

  3. c

     made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;

  4. d

     F3to which regulation 44(2) applies (modifications in respect of children and young persons);

  5. e

     F12made to a third party, or in respect of a third party, unless the payment is—

     1. i

        in relation to the claimant or the claimant’s F19partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative; and

     2. ii

        F28... in respect of food, ordinary clothing or footwear, fuel, F29rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs), council tax or water charges;

  6. f

     in kind;

  7. g

     to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the same household);

  8. h

     which is not a periodical payment, to the extent that any amount of that payment—

     1. i

        has already been taken into account under this Part by virtue of a previous claim or determination; or

     2. ii

        has been recovered under section 27(1) of the Act (prevention of duplication of payments) or is currently being recovered; or

     3. iii

        at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to income support or increasing the amount of that benefit;

  9. i

     F20to which paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.

• “periodical payment” means—

  1. a

     a payment which is made or is due to be made at regular intervals F13...;

  2. b

     in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;

  3. c

     any payment F21F14... that does not exceed the amount of income support payable had that payment not been made;

  4. d

     any payment representing a commutation of payments to which sub-paragraphs (a) or (b) of this definition applies whether made in arrears or in advance,

  but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;

• “young claimant ” means a person aged 16 or over but under F720 who makes a claim for income support.

Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.

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