Gateshead Council Local Council Tax Support Scheme 2024/25

(1) In this scheme -

"the 1992 Act" means the Local Government Finance Act 1992;

"the Administration Act " means the Social Security Administration Act 1992

"Abbeyfield Home" means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society;

"adoption leave" means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;

"adult disability payment" has the meaning given in regulation 2 of the DAWAP Regulations;

"AFIP" means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1 (2) of the Armed Forces (Pensions and Compensation) Act 2004.

"alternative maximum council tax reduction" means the amount determined in accordance with paragraph 33 and Schedule 4.

"applicable amount" means—
(a) in relation to a pensioner, the amount calculated in accordance with paragraph 24 and schedule 2, and
(b) in relation to a person who is not a pensioner, the amount calculated in accordance with -
(i) paragraph 25 and Schedule 3, or
(ii) paragraph 27

"applicant" means a person who has made an application;

"application" means an application for a reduction under a scheme;

"approved blood scheme" means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

"assessment period" means—
(a) in relation to pensioners
- (i) in relation to the earnings of a self-employed earner, the period in accordance with paragraph 45 for the purpose of calculating the weekly earnings of the applicant; or
- (ii) in relation to any other income, the period in accordance with paragraph 42 for the purpose of calculating the weekly income of the applicant;
(b) in relation to persons who are not pensioners, such period as is set out in paragraphs or such period as is set out in paragraphs 49 and 51 over which income falls to be calculated;

"attendance allowance" means—
(a) an attendance allowance under Part 3 of the SSCBA;
(b) an increase of disablement pension under section 104 or 105 of that Act;
(c) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
(d) any payment based on need for attendance which is paid as part of a war disablement pension; 

"the authority" means the billing authority in relation to whose area a scheme has effect by virtue of paragraph 4(6) of Schedule 1A to the 1992 Act;

"basic rate", where it relates to the rate of tax, has the meaning given by the Income Tax Act 2007 (see section 989 of that Act);

"the benefit Acts" means the SSCBA, the Jobseekers Act 1999, the Welfare Reform Act 2007 and the State Pension Credit Act 2002;

"board and lodging accommodation" means accommodation provided to a 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 his family) and are consumed in that accommodation or associated premises;

"care home" has the meaning given by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 and in Northern Ireland means a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 2003 or a residential care home within the meaning of Article 10 of that order;

"the Caxton Foundation" means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

"child" means a person under the age of 16;

"child benefit" has the meaning given by section 141 of the SSCBA;

"child disability payment" has the meaning given by regulation 2 of the DACYP Regulations;

"childcare costs element" has the meaning given by regulation 27 of the Universal Credit Regulations 2012 (note these regulations are currently draft and this definition may change);

"child tax credit" means a child tax credit under section 8 of the Tax Credits Act 2002;

"claim" means a claim for a reduction under Gateshead Council's Council Tax Reduction Scheme;

"claim form" means any form Gateshead Council has approved as an acceptable claim form for a reduction under the Gateshead Council Tax Support Scheme. This includes any variation of Gateshead Council's own claim form, any form completed as part of an application for Universal Credit, Jobseekers Allowance, Income Support, Employment and Support Allowance or Pension Credit, which the council also chooses to accept as a claim for council tax support. It also includes any form sent to the council from the DWP advising of an award of Universal Credit, where the council has used receipt of such a form to promote take up of Council Tax Support. "close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in law, step-parent, stepson, 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 Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged;

"contributory employment and support allowance" means Schedule 1 Part 1a contributory allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 (e) that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that part has effect apart from these provisions;

"council tax benefit" means council tax benefit under Part 7 of the SSCBA;

"council tax support" has the same meaning as "council tax reduction" and refers to a reduction made to council tax payable in accordance with a scheme as provided for under Schedule 1A of the Local Government Finance Bill 2012.

"couple" has the meaning given by paragraph 4;

"the DACYP Regulations" means the Disability Assistance for Age People (Scotland) Regulations 2022;

"designated office" means the office of an authority designated by it for the receipt of applications-
(a) by notice on or with a form supplied by it for the purpose of making an application;
(b) by reference upon or with such a form to some other document from it and sent by electronic means or otherwise on application and without charge; or
(c) by any combination of the provisions set out in paragraphs (a) and (b)

"disability living allowance" means a disability living allowance under section 71 of the SSCBA;

"dwelling" has the meaning given by section 3 of the 1992 Act; 12 Gateshead Council Local Council Tax Support Scheme 2024/25

"earnings" has the meaning given by paragraph 27 of this section of the scheme;

"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;

"electronic communication" has the same meaning as in section 15(1) of the Electronic Communications Act 2000;

"employed earner" is to be construed in accordance with section 2(1)(a) of the SSCBA and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;

"Employment, Skills and Enterprise Scheme" means a scheme under section 17A (schemes for assisting persons to obtain employment: "work for your benefit" schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include time for any individual work related activity (including work experience or job search);

"enactment" includes any enactment comprised in, or an instrument made under, an Act of the Scottish Parliament or the National Assembly for Wales;

"employment zone" means an area with Great Britain designated for the purposes of the Welfare Reform Act 1997 and Pensions Act 1999 and an "employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker's allowance to obtain sustainable employment;

"the Energy Rebate Scheme 2022" means the scheme to provide financial support in respect of energy bills which was announced in Parliament by the Chancellor of the Exchequer on 3rd February 2022"; "extended reduction" means a reduction under this scheme for which a person is eligible pursuant to Part 12 (eligible reductions); "extended reduction period" means the period for which a person is in receipt of an extended reduction in accordance with paragraph 91, 98 or 101; "extended reduction (qualifying contributory benefits)" means a reduction under this section of the scheme for which a person is eligible in accordance with paragraph 90 or 97;

"family" has the meaning given by paragraph 6;

"the Fund" means moneys 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 14 scheme established by the Secretary of State on 24th April 1992 or, in Scotland, on 10th April 1992;

"guarantee credit" is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;

"a guaranteed income payment" means a payment made under article 15(1)I (injury benefits) or 29 (1) (a) (death benefits) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

"Grenfell Tower support payment" means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower, or a payment to a personal representative of such a person -
(a) from the £5 million fund announced on 16th June 2017 for the benefit of certain persons affected by the fire on 14th June at Grenfell Tower and known as the Grenfell Tower Residents' Discretionary Fund;
(b) by the Royal Borough of Kensington and Chelsea;
(c) by a registered charity,

"historical child abuse payment" means a payment made under—
(a) Part 1 of the Historical Institutional Abuse (Northern Ireland) Act 2019;
(b) Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021; "the Horizon system" means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

"housing benefit" means housing benefit under Part 7 of the SSCBA;

"housing costs element" has the meaning given by regulation 21 of the Universal Credit Regulations 2012 (note these regulations are currently draft and this definition may change);

"an income-based jobseeker's allowance" and "a joint-claim jobseeker's allowance" have the meanings given by the Jobseekers Act 1995 by virtue of section 1(4) of that Act;

"income-related employment and support allowance" means an income-related allowance under Part 1 of the Welfare Reform Act 2007;

"independent hospital"—
(a) in England means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
(b) in Wales has the meaning given by section 2 of the Care Standards Act 2000; and
(c) in Scotland means an independent healthcare service as defined by section 10F of the National Health Service (Scotland) Act 1978;

"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;

"invalid carriage or other vehicle" means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

"The Jobseekers Allowance (Schemes for Assisting Persons to Obtain Employment)" means those schemes set up in accordance with the Jobseekers Allowance (Schemes for Assisting Persons to obtain Employment) Regulations 2013 (SI 2103:276).

"Living Wage" means any amount determined and set as such by the Secretary of State for any applicable period.

"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;

"the London Emergencies Trust" means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;

"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 National Emergencies Trust" means the registered charity of that name (number 1182809) established on 28th March 2019,

"parental bereavement leave" means leave under section 80EA of the Employment Rights Act 1996;

"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 applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 or the applicant is a member of the work-related activity group;

"maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996;

"maximum council tax reduction amount" means the amount determined in accordance with this scheme

"member of a couple" means a member of a married or unmarried couple;

"member of the work-related activity group" means a person who is or is treated as having limited capability for work under either -
(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than be virtue of regulation 30 of those Regulations; or
(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than be vesture of regulation 26 of those Regulations;

"MFET Limited" means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

"mobility supplement" means-
(a) in relation to pensioners, a supplement to which paragraph 5 (1)(a)(vii) of Schedule 5 refers;
(b) in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 8 refers;

"mover" means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of the authority to a dwelling in the area of a second authority;

"national minimum wage" means the amount set each year by the Secretary of State for either the national living wage or the national minimum wage as provided for under the National Minimum Wage Act 1998.

"net earnings" means such earnings as are calculated in accordance paragraph 43 or 53, as the case may be;

"net profit" means such profit as is calculated in accordance with paragraph 64;

"new dwelling" means, for the purposes of the definition of "second authority" and paragraphs 91, 98 and 101, the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident;

"non-dependant" has the meaning given by paragraph 9;

"occupational assistance" means any payment or provision made by a local authority, the Welsh ministers or the Scottish ministers for the purposes of-
(a) meeting or helping to meet a short term need-
(i) arising out of an exceptional event or exceptional circumstances, or
(ii) that needs to be met to avoid a risk to the well-being of an individual, and
(b) enabling qualifying individuals to establish or maintain a settled home, and-
(i) "local authority" has the meaning given by section 270 (1) of the Local Government Act 1972; and
(ii) "qualifying individuals" means individuals who have been, or without the assistance might otherwise be-
(aa) in prison, hospital or an establishment providing residential care or other institution, or
(bb) homeless or otherwise living an unsettled way of life; and "local authority" means a local authority in England within the meaning of the Local Government Act 1972;

"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;

"Ordinary clothing or footwear" means clothing or footwear for normal everyday use but does not include school uniforms, or clothing or footwear used solely for sporting activities.

"partner", in relation to a person, means—
(a) where that person is a member of a couple, the other member of that couple; or
(b) where that person is polygamously married to two or more members of his household, any such member to whom he is married; or
(c) where that person is polygamously married and has an award of Universal Credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage;

"paternity leave" means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;

"pension fund holder" means with respect 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 4 to the Pensions Act 1995;

"pensioner" has the meaning given by paragraph 3 (2) (a)

"person on income support" means a person in receipt of income support;

"person treated as not being in Great Britain" has the meaning given by paragraph 21;

"person who is not a pensioner" has the meaning given by paragraph (3) (2) (b) of these Regulations;

"personal independence payment" has the meaning given by Part 4 of the Welfare Reform Act 2012;

"personal pension scheme" means—
(a) a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
(b) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 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 2004;
(c) a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 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 dependant on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependant on human life;

"polygamous marriage" means any marriage to which paragraph 5 of this scheme applies;

"the Post Office" means Post Office Limited (registered number 02154540);

"Post Office compensation payment" means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support, which is -
(a) in connection with the failings of the Horizon system; or
(b) otherwise payable following the judgement in Bates and Others v Post Office Ltd ((No. 3 "Common Issues") (a);";

"qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)— (a) in the case of a woman, pensionable age; or (b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

"qualifying contributory benefit" means—
(a) severe disablement allowance;
(b) incapacity benefit;
(c) contributory employment and support allowance;

"qualifying income-related benefit" means—
(a) income support;
(b) income-based jobseeker's allowance;
(c) income-related employment and support allowance;

"qualifying course" means a qualifying course as defined for the purposes of Parts 2 and 4 of the Jobseekers Allowance Regulations 1996;

"qualifying person" means -
(a) a person in respect of whom a Grenfell Tower support payment, a historical child abuse payment, a Windrush payment, a Post Office compensation payment or a vaccine damage payment has been made or payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, the Scottish Infected Blood Support Scheme, an approved blood scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund, the Windrush Compensation Scheme, the National Emergencies Trust, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

"reduction week" means a period of seven consecutive days beginning with a Monday and ending with a Sunday;

"relative" means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

"relevant week", in relation to any particular day, means the week within which the day in question falls;

"relevant change of circumstances" means any change of circumstances which the person claiming a reduction, or any other person, could reasonably be expected to know might affect entitlement to a reduction under this scheme;

"remunerative work" has the meaning given by paragraph 10;

"rent" means "eligible rent" to which regulation 12 of the Housing Benefit (Persons who have acquired the qualifying age for state pension credit) Regulations 2006 refer, less any deductions in respect of non-dependants which fall to be made under paragraph 29 (non-dependant deductions) of this scheme;

"resident" has the meaning given by Part 1 of the 1992 Act;

"savings credit" shall be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002;

"the Scottish Infected Blood Support Scheme" means the scheme of that name administered by the Common Services Agency (constituted under section 10 of the National Health Service (Scotland) Act 1978;

"second dwelling" means the authority to which a mover is liable to make payments for the new dwelling;

"self-employed earner" is to be construed in accordance with section 2(1)(b) of the SSCBA;

"self-employment route" means assistance in pursuing self-employed earner's employment whilst participating in—
(a) an employment zone programme;
(b) a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment, etc); or
(c) the Employment, Skills and Enterprise Scheme or any scheme coming into effect as a result of the Jobseekers Allowance (Schemes for Assisting Persons to obtain Work) Regulations 2013;

"single applicant" means an applicant or 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 1993 out of sums allocated to it for distribution under that section;

"the SSCBA" means the Social Security Contributions and Benefits Act 1992;

"state pension credit" means state pension credit under the State Pension Credit Act 2002;

"statutory parental bereavement pay" means a payment to which a person is entitled in accordance with section 171ZZ6 of the Social Security Contribution and Benefits Act 1992 (7);

"student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking -
(a) a course of study at an educational establishment; or
(b) a qualifying course;

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

"the Homes for Ukraine scheme" means the Homes for Ukraine sponsorship scheme which was announced in Parliament by the Secretary of State for Levelling Up, Housing and Communities on 14th March 2022";

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

(a) out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Young People's Learning Agency for England, the Chief Executive of Skills Funding or the Welsh Ministers;
(b) to a person for his maintenance or in respect of a member of his family; and
(c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers,

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 he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 or is training as a teacher;

"the Trusts" (except where the context otherwise requires) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarlane (Special Payments) (No 2) Trust and "Trustees" is to be construed accordingly;

"Universal Credit" has the meaning given by section 1 of the Welfare Reform Act 2012;

"vaccine damage payment" means a payment under the Vaccine Damage Payments Act 1979(b);

"the Victims of Overseas Terrorism Compensation Scheme" means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010(c);

"voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

"the We Love Manchester Emergency Fund means the registered charity of that name (number 1173260) established on 30th May 2017.

"war disablement pension" means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;

"war pension" means a war disablement pension, a war widow's pension or a war widower's pension;

"war widow's pension" means any pension or allowance 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 any pension or allowance 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—
a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991,
(b) as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002, in so far as such charges are in respect of the dwelling which a person occupies as his home;

"week" means a period of seven days beginning with a Monday;

"the Windrush Compensation scheme" means-
(a) the scheme of that name operated by the Secretary of State for the purpose of compensating individuals who have suffered loss in connection with being unable to demonstrate their lawful status in the United Kingdom and;
(b) the policy entitled "Windrush Scheme: Support in urgent and exceptional circumstances" which was operated by the Secretary of State for the purpose of compensating individuals who, for urgent and exceptional reasons, required support in advance of the scheme referred to in paragraph (a) of this definition becoming operational;

"Windrush payment" means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

"working tax credit" means a working tax credit under section 10 of the Tax Credits Act 2002;

"young person" means a person who falls within the definition of qualifying young person in section 142 of the SSCBA.

(2) In this scheme, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny.

(3) For the purpose of these Regulations, a person is on an income-based jobseeker's allowance on any day in respect of which an income-based jobseeker's allowance is payable to him, or his partner if there is a joint claim, and on any day—
(a) in respect of which he satisfies the conditions for entitlement to an income based jobseeker's allowance but where the allowance is not paid in accordance with regulation 27A of the Jobseeker's Allowance Regulations 1996 or section 19 or 20A or regulations made under section 17A of the Jobseekers Act 1995(circumstances in which a jobseeker's allowance is not payable); or
(b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income based jobseeker's allowance is payable to him or would be payable to him but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or
(c) in respect of which an income based jobseekers allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions)

(4) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
(a) in respect of which he satisfies the conditions for entitlement to an income related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
(b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.

(5) For the purposes of this scheme, two persons shall be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.

(6) In this scheme, references to any person in receipt of state pension credit includes a person who would be in receipt of state pension credit but for regulation 13 of the State Pension Credit Regulations 2002 (small amounts of state pension credit).

(7) In this scheme, references to persons is classes A, B, C, 1, 2 or 3 (as the case may be) is a reference to classes A, B, C, 1, 2 or 3 as described in paragraphs 13 to 18.

(8) References in these regulations to an applicant participating as a service user are to-
(a) a person being consulted by or on behalf of-
(i) a body who has a statutory duty to provide services in the field of health, social care or social housing; or
(ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such services, In their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or
(aa) a person who is being consulted by or on behalf of -
(i) the Secretary of State in relation to any of the Secretary of State's functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973 (d); or
(ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions, in their capacity as a person affected by the exercise of those functions or the carer of such a person;
(b) the carer or a person consulted as described in sub-paragraph (a) or sub-paragraph (AA) where the carer is not being consulted as described in that sub - paragraph.

3 Meaning of "pensioner" and "person who is not a pensioner"

(1) In this scheme a person is -
(a) a pensioner if -
(i) he has attained the qualifying age for state pension credit; and
(ii) he is not and, if he has a partner, his partner is not -
(aa) a person on income support, on an income-based jobseeker's allowance, or on an income-related employment and support allowance; or
(bb) has an award of Universal Credit.
(b) a person is not a pensioner" if—
(i) he has not attained the qualifying age for state pension credit; or
(ii) he has attained the qualifying age for state pension credit and he, or if he has a partner, his partner, is -
(aa) on income support, on income-based jobseeker's allowance or an income-related employment and support allowance, or
(bb) has an award of Universal Credit.

(2) For the purposes of sub-paragraphs 9a)(ii)(bb) and (b)(ii)(bb) in paragraph (1) an award of Universal Credit is to be disregarded during the relevant period.

(3) In this regulation -
"assessment period" has the same meaning as in the Universal Credit Regulations 2013;
"relevant period" means the period beginning with the day on which P and each partner of P has attained the qualifying age for state pension credit and ending with the day on which the last assessment period for Universal Credit ends.

4 Meaning of "couple"

(1) In this scheme "couple" means—
(a) a man and woman who are married to each other and are members of the same household;
(b) a man and woman who are not married to each other but are living together as if they were a married couple or civil partners;
(c) two people of the same sex who are civil partners of each other and are members of the same household; or
(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.

(2) Two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be regarded as living together as husband and wife were they of opposite sexes.

5 Polygamous marriages

(1) This paragraph applies to any case where—
(a) a person 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 paragraph 4 neither party to the marriage is to be taken to be a member of a couple.

6 Meaning of "family"

(1) In this scheme "family" means—
(a) a couple;
(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; or
(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.

(2) The references to a child or young person in sub-paragraph (1)(b) and (c) include a child or young person in respect of whom section 145A of the SSCBA applies for the purposes of entitlement to child benefit, but only for the period prescribed under section 145A(1).

(3) The references to a young person in paragraph (1)(b) and (c) do not include a young person who is —
(a) on income support, an income-based jobseeker's allowance or an income related employment and support allowance;
(b) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies; or
(c) entitled to an award of Universal Credit.

7 Circumstances in which a person is to be treated as responsible or not responsible for another

(1) A person is to be treated as responsible for a child or young person who is normally living with him, including a child or young person to whom paragraph 6(2) applies.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—
(a) the person who is receiving child benefit in respect of that child or young person, or
(b) if there is no such person—
(i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or
(ii) in any other case the person who has the primary responsibility for him.

(3) For the purposes of these Regulations a child or young person is the responsibility of only one person in any reduction week and any person other than the one treated as responsible for the child or young person under this regulation is to be treated as not so responsible.

8 Households

(1) Subject to sub-paragraphs (2) and (3), an applicant and any partner and, where the applicant or his partner is treated (by virtue of paragraph 7) as responsible for a child or young person, that child or young person and any child of that child or young person, are to be treated as members of the same household notwithstanding that any of them is temporarily absent from that household.

(2) A child or young person is not be treated as a member of the applicant's household where he is —
(a) placed with the applicant or his partner by a local authority under section 23(2)(a) of the Children Act 1989) or by a voluntary organisation under section 59(1)(a) of that Act or section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained), or in Scotland boarded out or placed with the applicant or his partner under a relevant enactment; or
(b) placed, or in Scotland boarded out, with the applicant or his partner prior to adoption; or
(c) placed for adoption with the applicant or his partner in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009 or the Adoption (Northern Ireland) Order 1987.

(3) Subject to paragraph (4), paragraph (1) does not apply to a child or young person who is not living with the applicant and who—
(a) is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or
(b) has been placed, or in Scotland boarded out, with a person other than the applicant prior to adoption; or
(c) has been placed for adoption in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009.

(4) The council must treat a child or young person to whom paragraph (3)(a) applies as being a member of the applicant's household in any reduction week where—
(a) that child or young person lives with the applicant for part or all of that reduction week; and
(b) the council considers that it is reasonable to do so taking into account the nature and frequency of that child's or young person's visits.

(5) In this regulation "relevant enactment" means—
(a) the Army Act 1955;
(b) the Air Force Act 1955;
(c) the Naval Discipline Act 1957;
(d) the Matrimonial Proceedings (Children) Act 1958;
(e) the Social Work (Scotland) Act 1968;
(f) the Family Law Reform Act 1969;
(g) the Children and Young Persons Act 1969;
(h) the Matrimonial Causes Act 1973;
(i) the Children Act 1975;
(j) the Domestic Proceedings and Magistrates' Courts Act 1978;
(k) the Adoption and Children (Scotland) Act 2007;
(l) the Family Law Act 1986;
(m) the Children Act 1989;
(n) the Children (Scotland) Act 1995;
(na) the Children's Hearings (Scotland) Act 2011 (SI 2011 asp 1); and
(o) the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

9 Non-dependants

(1) In this scheme, "non-dependant" means any person, except someone to whom paragraph (2) applies, who normally resides with an applicant or with whom an applicant normally resides.

(2) This paragraph applies to—
(a) any member of the applicant's family;
(b) if the applicant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;
(c) a child or young person who is living with the applicant but who is not a member of his household by virtue of regulation 8 (households);
(d) subject to paragraph (3), any person who, with the applicant, is jointly and severally liable to pay council tax in respect of a dwelling for any day under sections 6, 7 or 75 of the 1992 Act (persons liable to pay council tax);
(e) subject to paragraph (3), any person who is liable to make payments on a commercial basis to the applicant or the applicant's partner in respect of the occupation of the dwelling;
(f) a person who lives with the applicant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the applicant or his partner for the services provided by that person.

(3) Excepting persons to whom sub-paragraph (2)(a) to (c) and (f) refer, a person to whom any of the following paragraphs applies shall be a non-dependant—
(a) a person who resides with the person to whom he is liable to make payments in respect of the dwelling and either—
(i) that person is a close relative of his or his partner; or
(ii) the tenancy or other agreement between them is other than on a commercial basis;
(b) a person whose liability to make payments in respect of the dwelling appears to the authority to have been created to take advantage of a scheme except someone who was, for any period within the eight weeks prior to the creation of the agreement giving rise to the liability to make such payments, otherwise liable to make payments of rent in respect of the same dwelling;
(c) a person who becomes jointly and severally liable with the applicant for council tax in respect of a dwelling and who was, at any time during the period of eight weeks prior to his becoming so liable, a non-dependant of one or more of the other residents in that dwelling who are so liable for the tax, unless the change giving rise to the new liability was not made to take advantage of a scheme.

10 Remunerative work

(1) Subject to the following provisions of this paragraph, a person shall be treated for the purposes of this scheme as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

(2) Subject to sub-paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—
(a) if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
(b) in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person's weekly average hours of work to be determined more accurately.

(3) Where, for the purposes of paragraph (2)(a),a person's recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

(4) Where no recognisable cycle has been established in respect of a person's work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.

(5) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(6) A person on income support, an income-based jobseeker's allowance or an income-related employment and support allowance for more than 3 days in any reduction week will be treated as not being in remunerative work in that week.

(7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave, adoption leave, shared parental leave, parental bereavement leave or is absent from work because he is ill.

(8) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—
(a) a sports award has been made, or is to be made, to him; and
(b) no other payment is made or is expected to be made to him.