Social Security Contributions and Benefits Act 1992 (c. 4)

(The document as of February, 2008)

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(5) Where a person is entitled to a disability working allowance, then--

(a) if his income does not exceed the amount which is the applicable amount at the date prescribed under subsection (1)(c)(i) above, the amount of the disability working allowance shall be the amount which is the appropriate maximum disability working allowance in his case; and

(b) if his income exceeds that amount, the amount of the disability working allowance shall be what remains after the deduction from the appropriate maximum disability working allowance of a prescribed percentage of the excess of his income over that amount.

(6) A disability working allowance shall be payable for a period of 26 weeks or such other period as may be prescribed and, subject to regulations, an award of a disability working allowance and the rate at which it is payable shall not be affected by any change of circumstances during that period or by any order under section 150 of the Administration Act.

(7) Regulations may provide that an award of a disability working allowance to a person shall terminate if--

(a) a disability working allowance becomes payable in respect of some other person who was a member of his family at the date of his claim for a disability working allowance; or

(b) income support or family credit becomes payable in respect of a person who was a member of the family at that date.

(8) Regulations shall prescribe the manner in which the appropriate maximum disability working allowance is to be determined in any case.

(9) The provisions of this Act relating to disability working allowance apply in relation to persons employed by or under the Crown as they apply in relation to persons employed otherwise than by or under the Crown.

Housing benefit

130 Housing benefit

(1) A person is entitled to housing benefit if--

(a) he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home;

(b) there is an appropriate maximum housing benefit in his case; and

(i) he has no income or his income does not exceed the applicable amount; or

(ii) his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.

(2) In subsection (1) above "payments in respect of a dwelling" means such payments as may be prescribed, but the power to prescribe payments does not include power to prescribe mortgage payments or, in relation to Scotland, payments under heritable securities.

(3) Where a person is entitled to housing benefit, then--

(a) if he has no income or his income does not exceed the applicable amount, the amount of the housing benefit shall be the amount which is the appropriate maximum housing benefit in his case; and

(b) if his income exceeds the applicable amount, the amount of the housing benefit shall be what remains after the deduction from the appropriate maximum housing benefit of prescribed percentages of the excess of his income over the applicable amount.

(4) Regulations shall prescribe the manner in which the appropriate maximum housing benefit is to be determined in any case.

(5) Regulations under subsection (4) above may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under section 121 of the [1988 c. 50.] Housing Act 1988 or section 70 of the [1988 c. 43.] Housing (Scotland) Act 1988.

Community charge benefits

131 Community charge benefits

(1) A person is entitled to a community charge benefit in respect of a particular day falling after 31st March 1990 if each of the three conditions set out in subsections (3) to (6) below is fulfilled.

(2) A community charge benefit--

(a) shall not be allowed to a person in respect of any day falling before the day on which his entitlement is to be regarded as commencing for that purpose by virtue of paragraph (l) of section 6(1) of the Administration Act; but

(b) may be allowed to him in respect of not more than 6 days immediately following the day on which his period of entitlement would otherwise come to an end, if his entitlement is to be regarded by virtue of that paragraph as not having ended for that purpose.

(3) In relation to England and Wales, the first condition is that--

(a) for the day the person concerned is shown, in a charging authority's community charges register, as subject to a personal community charge of the authority and is not there shown as undertaking a full-time course of education on the day, or

(b) the day consists of or falls within a contribution period in respect of which the person concerned is liable to pay an amount under section 9 of the 1988 Act (collective community charge contributions).

(4) In relation to Scotland, the first condition is that--

(a) in respect of the day the person concerned is shown, in a community charges register, as being liable to pay the personal community charge and is not there shown as undertaking a full-time course of education or nursing education on the day, or

(b) the day consists of or falls within a contribution period in respect of which the person concerned is liable to pay a collective community charge contribution under section 11(11) of the 1987 Act.

(5) The second condition is that there is an appropriate maximum community charge benefit in the case of the person concerned.

(6) The third condition is that--

(a) the day falls within a week in respect of which the person concerned has no income,

(b) the day falls within a week in respect of which his income does not exceed the applicable amount, or

(7) As regards a person--

(a) amount A is the appropriate maximum community charge benefit in his case, and

(b) amount B is a prescribed percentage of the difference between his income in respect of the week in which the day falls and the applicable amount.

(8) In respect of the same day, a person shall be entitled to a separate community charge benefit in respect of each charge or contribution period concerned (if more than one).

(9) But regulations may provide that if--

(a) a person would (apart from the regulations) be entitled, in respect of the same day, to separate community charge benefits, and

(b) the circumstances are such as are prescribed,

he shall not be entitled to such one of the benefits as may be identified in accordance with prescribed rules.

(10) Where a person is entitled to a community charge benefit in respect of a day, and subsection (6)(a) or (b) above applies, the amount to which he is entitled shall be the amount which is the appropriate maximum community charge benefit in his case.

(11) Where a person is entitled to a community charge benefit in respect of a day, and subsection (6)(c) above applies, the amount to which he is entitled shall be found by deducting amount B from amount A, where "amount A" and "amount B" have the meanings given by subsection (7) above.

(12) Regulations shall prescribe the manner in which the appropriate maximum community charge benefit is to be determined in any case.

132 Couples

(1) As regards any case where a person is a member of a married or unmarried couple throughout a particular day, regulations may make such provision as the Secretary of State sees fit as to--

(a) the entitlement of the person to a community charge benefit in respect of the day, and

(b) the amount to which he is entitled.

(2) Nothing in subsections (3) to (8) below shall prejudice the generality of subsection (1) above.

(3) The regulations may provide that prescribed provisions shall apply instead of prescribed provisions of this Part of this Act, or that prescribed provisions of this Part of this Act shall not apply or shall apply subject to prescribed amendments or adaptations.

(4) The regulations may provide that, for the purpose of calculating in the case of the person concerned the matters mentioned in subsection (5) below, prescribed amounts relating to the person and his partner are to be aggregated and the aggregate is to be apportioned.

(5) The matters are income, capital, the applicable amount, and the appropriate maximum community charge benefit.

(6) The regulations may--

(a) amend section 139(6) of the Administration Act so as to allow for disregarding the whole or part of any pension payable to the partner of the person concerned in determining the latter's income;

(b) amend section 139(7) of that Act accordingly.

(7) The regulations may contain different provision as to the following different cases--

(a) cases where the first condition is fulfilled on the day concerned by the person concerned but not by his partner;

(b) cases where the first condition is fulfilled on the day concerned by the person concerned and by his partner.

(8) The regulations may include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.

(9) In this section--

(a) references to a person's partner are to the other member of the couple concerned, and

(b) references to the first condition are to the condition mentioned in section 131(3) or (4) above (as the case may be).

133 Polygamous marriages

(1) This section applies to any case where--

(a) throughout a particular day a person (the person in question) is a husband or wife by virtue of a marriage entered into under a law which permits polygamy; and

(b) either party to the marriage has for the time being any spouse additional to the other party.

(2) For the purposes of section 132 above neither party to the marriage shall be taken to be a member of a couple on the day.

(3) Regulations under this section may make such provision as the Secretary of State sees fit as to--

(a) the entitlement of the person in question to a community charge benefit in respect of the day, and

(b) the amount to which he is entitled.

(4) Without prejudice to the generality of subsection (3) above the regulations may include provision equivalent to that included under section 132 above subject to any modifications the Secretary of State sees fit.

General

134 Exclusions from benefit

(1) No person shall be entitled to an income-related benefit if his capital or a prescribed part of it exceeds the prescribed amount.

(2) Except in prescribed circumstances the entitlement of one member of a family to any one income-related benefit excludes entitlement to that benefit for any other member for the same period.

(3) Subsection (2) above does not prevent different members of the same family becoming entitled to different community charge benefits by virtue of their fulfilling the conditions in respect of different charges or of different contribution periods.

(4) Where the amount of any income-related benefit would be less than a prescribed amount, it shall not be payable except in prescribed circumstances.

135 The applicable amount

(1) The applicable amount, in relation to any income-related benefit, shall be such amount or the aggregate of such amounts as may be prescribed in relation to that benefit.

(2) The power to prescribe applicable amounts conferred by subsection (1) above includes power to prescribe nil as an applicable amount.

(3) In prescribing, for the purposes of income support, amounts under subsection (1) above in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Secretary of State shall take into account information provided by local authorities or other prescribed bodies or persons with respect to the amounts which they have agreed to pay for the provision of accommodation in relevant premises in that area.

(4) In subsection (3) above--

"accommodation" includes any board or care;
"local authority"--
(a)
in relation to areas in England and Wales, has the same meaning as it has in Part III of the [1948 c. 29.] National Assistance Act 1948; and
(b)
in relation to areas in Scotland, has the meaning given by section 1(2) of the [1968 c. 49.] Social Work (Scotland) Act 1968;
"qualifying person" means any person who falls within--
(a)
subsection (1) of section 26A of the National Assistance Act 1948 (which is inserted by the [1990 c. 19.] National Health Service and Community Care Act 1990 and relates to persons ordinarily resident in residential care or nursing homes immediately before the commencement of that section); or
(b)
subsection (1) of section 86A of the [1968 c. 49.] Social Work (Scotland) Act 1968 (the corresponding provision for Scotland),

or who would fall within either of those subsections apart from any regulations under subsection (3) of the section in question;
"relevant premises"--
(a)
in relation to areas in England and Wales, has the meaning given by section 26A(2) of the [1948 c. 29.] National Assistance Act 1948; and
(b)
in relation to areas in Scotland, has the meaning given by section 86A(2) of the Social Work (Scotland) Act 1968.

(5) In relation to income support, housing benefit and any community charge benefit, the applicable amount for a severely disabled person shall include an amount in respect of his being a severely disabled person.

(6) Regulations may specify circumstances in which persons are to be treated as being or as not being severely disabled.

136 Income and capital

(1) Where a person claiming an income-related benefit is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of that person.

(2) Regulations may provide that capital not exceeding the amount prescribed under section 134(1) above but exceeding a prescribed lower amount shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

(3) Income and capital shall be calculated or estimated in such manner as may be prescribed.

(4) A person's income in respect of a week shall be calculated in accordance with prescribed rules; and the rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

(5) Circumstances may be prescribed in which--

(a) a person is treated as possessing capital or income which he does not possess;

(b) capital or income which a person does possess is to be disregarded;

(d) capital is to be treated as income.

137 Interpretation of Part VII and supplementary provisions

(1) In this Part of this Act, unless the context otherwise requires--

"charging authority" has the same meaning as in the 1988 Act;
"child" means a person under the age of 16;
"contribution period", in relation to England and Wales, has the same meaning as in section 9 of the 1988 Act;
"contribution period", in relation to Scotland, means a continuous period of residence in any premises (which falls in a chargeable financial year) in respect of each day of which a person is liable to pay a collective community charge contribution under section 11(11) of the 1987 Act;
"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;
"family" means--
(a)
a married or unmarried couple;
(b)
a married or unmarried 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 person of a prescribed description;
(c)
except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
"industrial injuries scheme" means a scheme made under Schedule 8 to this Act or section 159 of the 1975 Act or under the Old Cases Act;
"levying authority" has the same meaning as in the 1987 Act;
"married couple" means a man and woman who are married to each other and are members of the same household;
"the 1987 Act" means the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987;
"the 1988 Act" means the [1988 c. 41.] Local Government Finance Act 1988;
"prescribed"means specified in or determined in accordance with regulations;
"unmarried couple" means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;
"war pension scheme" means a scheme under which war pensions (as defined in section 25 of the [1989 c. 24.] Social Security Act 1989) are provided;
"week", in relation to community charge benefits, means a period of 7 days beginning with a Monday.

(2) Regulations may make provision for the purposes of this Part of this Act--

(a) as to circumstances in which a person is to be treated as being or not being in Great Britain;

(b) continuing a person's entitlement to benefit during periods of temporary absence from Great Britain;

(d) as to circumstances in which a person is or is not to be treated as--

(i) engaged or normally engaged in remunerative work;

(ii) available for employment; or

(iii) actively seeking employment;

(e) as to what is or is not to be treated as relevant education;

(f) as to circumstances in which a person is or is not to be treated as receiving relevant education;

(g) specifying the descriptions of pension increases under war pension schemes or industrial injuries schemes that are analogous to the benefits mentioned in section 129(2)(b)(i) to (iii) above;

(h) as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;

(i) for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;

(j) for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;

(k) for treating as included in a dwelling any land used for the purposes of the dwelling;

(l) as to circumstances in which persons are to be treated as being or not being members of the same household;

(m) as to circumstances in which one person is to be treated as responsible or not responsible for another.

Part VIII The Social Fund

138 Payments out of the social fund

(1) Payments may be made out of the social fund, in accordance with this Part of this Act--

(a) of prescribed amounts, whether in respect of prescribed items or otherwise, to meet, in prescribed circumstances, maternity expenses and funeral expenses; and

(b) to meet other needs in accordance with directions given or guidance issued by the Secretary of State.

(2) Payments may also be made out of that fund, in accordance with this Part of this Act, of a prescribed amount or a number of prescribed amounts to prescribed descriptions of persons, in prescribed circumstances to meet expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather.

(3) The power to make a payment out of the social fund such as is mentioned in subsection (1)(b) above may be exercised by making a payment to a third party with a view to the third party providing, or arranging for the provision of, goods or services for the applicant.

(4) In this section "prescribed" means specified in or determined in accordance with regulations.

139 Awards by social fund officers

(1) The questions whether a payment such as is mentioned in section 138(1)(b) above is to be awarded and how much it is to be shall be determined by a social fund officer.

(2) A social fund officer may determine that an award shall be payable in specified instalments at specified times.

(3) A social fund officer may determine that an award is to be repayable.

(4) An award that is to be repayable shall be repayable upon such terms and conditions as before the award is paid the Secretary of State notifies to the person by or on behalf of whom the application for it was made.

(5) Payment of an award shall be made to the applicant unless the social fund officer determines otherwise.

140 Principles of determination

(1) In determining whether to make an award to the applicant or the amount or value to be awarded a social fund officer shall have regard, subject to subsection (2) below, to all the circumstances of the case and, in particular--

(a) the nature, extent and urgency of the need;

(b) the existence of resources from which the need may be met;

(d) where the payment is repayable, the likelihood of repayment and the time within which repayment is likely;

(e) any relevant allocation under section 168(1) to (4) of the Administration Act.

(2) A social fund officer shall determine any question in accordance with any general directions issued by the Secretary of State and in determining any question shall take account of any general guidance issued by him.

(3) Without prejudice to the generality of subsection (2) above, the Secretary of State may issue directions under that subsection for the purpose of securing that a social fund officer or group of social fund officers shall not in any specified period make awards of any specified description which in the aggregate exceed the amount, or a specified portion of the amount, allocated to that officer or group of officers under section 168(1) to (4) of the Administration Act for payments under awards of that description in that period.

(4) Without prejudice to the generality of subsection (2) above, the power to issue general directions conferred on the Secretary of State by that subsection includes power to direct--

(a) that in circumstances specified in the direction a social fund officer shall not determine an application and, without prejudice to the generality of this paragraph, that a social fund officer shall not determine an application which is made before the end of a specified period after the making of an application by the same person for a payment such as is mentioned in section 138(1)(b) above to meet the same need and without there having been any relevant change of circumstances since the previous application;

(b) that for a category of need specified in the direction a social fund officer shall not award less than an amount specified in the direction;

(c) that for a category of need specified in the direction a social fund officer shall not award more than an amount so specified;

(d) that payments to meet a category of need specified in the direction shall in all cases or in no case be made by instalments;

(e) that payments to meet a category of need specified in the direction shall in all cases or in no case be repayable; and

(f) that a payment such as is mentioned in section 138(1)(b) above shall only be awarded to a person if either--

(i) he is in receipt of a benefit which is specified in the direction and the circumstances are such as are so specified; or

(ii) in a case where the conditions specified in sub-paragraph (i) above are not satisfied, the circumstances are such as are specified in the direction,

and the power to issue general guidance conferred on him by that subsection includes power to give social fund officers guidance as to any matter to which directions under that subsection may relate.

(5) In determining a question a social fund officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the social fund officer nominated for his area under section 64 of the Administration Act.

Part IX Child Benefit

141 Child benefit

A person who is responsible for one or more children in any week shall be entitled, subject to the provisions of this Part of this Act, to a benefit (to be known as "child benefit") for that week in respect of the child or each of the children for whom he is responsible.

142 Meaning of "child"

(1) For the purposes of this Part of this Act a person shall be treated as a child for any week in which--

(a) he is under the age of 16; or

(b) he is under the age of 18 and not receiving full-time education and prescribed conditions are satisfied in relation to him; or

(c) he is under the age of 19 and receiving full-time education either by attendance at a recognised educational establishment or, if the education is recognised by the Secretary of State, elsewhere.

(2) The Secretary of State may recognise education provided otherwise than at a recognised educational establishment for a person who, in the opinion of the Secretary of State, could reasonably be expected to attend such an establishment only if the Secretary of State is satisfied that education was being so provided for that person immediately before he attained the age of 16.

(3) Regulations may prescribe the circumstances in which education is or is not to be treated for the purposes of this Part of this Act as full-time.

(4) In determining for the purposes of paragraph (c) of subsection (1) above whether a person is receiving full-time education as mentioned in that paragraph, no account shall be taken of such interruptions as may be prescribed.

(5) Regulations may provide that a person who in any week ceases to fall within subsection (1) above shall be treated as continuing to do so for a prescribed period; but no person shall by virtue of any such regulations be treated as continuing to fall within that subsection for any week after that in which he attains the age of 19.

143 Meaning of "person responsible for child"

(1) For the purposes of this Part of this Act a person shall be treated as responsible for a child in any week if--

(a) he has the child living with him in that week; or

(b) he is contributing to the cost of providing for the child at a weekly rate which is not less than the weekly rate of child benefit payable in respect of the child for that week.

(2) Where a person has had a child living with him at some time before a particular week he shall be treated for the purposes of this section as having the child living with him in that week notwithstanding their absence from one another unless, in the 16 weeks preceding that week, they were absent from one another for more than 56 days not counting any day which is to be disregarded under subsection (3) below.

(3) Subject to subsection (4) below, a day of absence shall be disregarded for the purposes of subsection (2) above if it is due solely to the child's--

(a) receiving full-time education by attendance at a recognised educational establishment;

(b) undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(c) being, in such circumstances as may be prescribed, in residential accommodation pursuant to arrangements made under--

(i) section 21 of the [1948 c. 29.] National Assistance Act 1948;

(ii) the [1989 c. 41.] Children Act 1989; or

(iii) the [1968 c. 49.] Social Work (Scotland) Act 1968.

(4) The number of days that may be disregarded by virtue of subsection (3)(b) or (c) above in the case of any child shall not exceed such number as may be prescribed unless the person claiming to be responsible for the child regularly incurs expenditure in respect of the child.

(5) Regulations may prescribe the circumstances in which a person is or is not to be treated--

(a) as contributing to the cost of providing for a child as required by subsection (1)(b) above; or

(b) as regularly incurring expenditure in respect of a child as required by subsection (4) above;

and such regulations may in particular make provision whereby a contribution made or expenditure incurred by two or more persons is to be treated as made or incurred by one of them or whereby a contribution made or expenditure incurred by one of two spouses residing together is to be treated as made or incurred by the other.

144 Exclusions and priority

(1) Regulations may provide that child benefit shall not be payable by virtue--

(a) of paragraph (b) of section 142(1) above and regulations made under that paragraph; or

(b) of paragraph (c) of that subsection,

in such cases as may be prescribed.

(2) Schedule 9 to this Act shall have effect for excluding entitlement to child benefit in other cases.

(3) Where, apart from this subsection, two or more persons would be entitled to child benefit in respect of the same child for the same week, one of them only shall be entitled; and the question which of them is entitled shall be determined in accordance with Schedule 10 to this Act.

145 Rate of child benefit

(1) Child benefit shall be payable at such weekly rate as may be prescribed.

(2) Different rates may be prescribed in relation to different cases, whether by reference to the age of the child in respect of whom the benefit is payable or otherwise.

(3) The power to prescribe different rates under subsection (2) above shall be exercised so as to bring different rates into force on such day as the Secretary of State may by order specify.

(4) No rate prescribed in place of a rate previously in force shall be lower than the rate that it replaces.

(5) Regulations under this section shall be made by the Secretary of State in conjunction with the Treasury.

(6) An order under subsection (3) above may be varied or revoked at any time before the date specified thereby.

(7) An order under that subsection shall be laid before Parliament after being made.

146 Persons outside Great Britain

(1) Regulations may modify the provisions of this Part of this Act in their application to persons who are or have been outside Great Britain at any prescribed time or in any prescribed circumstances.

(2) Subject to any regulations under subsection (1) above, no child benefit shall be payable in respect of a child for any week unless--

(a) he is in Great Britain in that week; and

(b) either he or at least one of his parents has been in Great Britain for more than 182 days in the 52 weeks preceding that week.

(3) Subject to any regulations under subsection (1) above, no person shall be entitled to child benefit for any week unless--

(a) he is in Great Britain in that week; and

(b) he has been in Great Britain for more than 182 days in the 52 weeks preceding that week.

147 Interpretation of Part IX and supplementary provisions

(1) In this Part of this Act--

"prescribed" means prescribed by regulations;
"recognised educational establishment" means an establishment recognised by the Secretary of State as being, or as comparable to, a university, college or school;
"voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit; and
"week" means a period of 7 days beginning with a Monday.

(2) Subject to any provision made by regulations, references in this Part of this Act to any condition being satisfied or any facts existing in a week shall be construed as references to the condition being satisfied or the facts existing at the beginning of that week.

(3) References in this Part of this Act to a parent, father or mother of a child shall be construed as including references to a step-parent, step-father or step-mother.

(4) Regulations may prescribe the circumstances in which persons are or are not to be treated for the purposes of this Part of this Act as residing together.

(5) Regulations may make provision as to the circumstances in which--

(a) a marriage celebrated under a law which permits polygamy; or

(b) a marriage during the subsistence of which a party to it is at any time married to more than one person,

is to be treated for the purposes of this Part of this Act as having, or not having, the consequences of a marriage celebrated under a law which does not permit polygamy.

(6) Nothing in this Part of this Act shall be construed as conferring a right to child benefit on any body corporate; but regulations may confer such a right on voluntary organisations and for that purpose may make such modifications as the Secretary of State thinks fit--

(a) of any provision of this Part of this Act; or

(b) of any provision of the Administration Act relating to child benefit.

Part X Christmas bonus for pensioners

148 Entitlement of pensioners to Christmas bonus

(1) Any person who in any year--

(a) is present or ordinarily resident in the United Kingdom or any other member State at any time during the relevant week; and

(b) is entitled to a payment of a qualifying benefit in respect of a period which includes a day in that week or is to be treated as entitled to a payment of a qualifying benefit in respect of such a period,

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