Regulation 117 Interpretation

In this Chapter, unless the context otherwise requires—

• F1...

• “claimant" includes a young claimant;

• F2“claimant’s family” shall be construed in accordance with section 35(1) of the Jobseekers Act 1995 (interpretation);

• “housing costs” means those costs which may be met under regulation 83(f) or 84(1)(g) (housing costs);

• “liable relative" means–

  1. (a)

     a spouseF3, 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 young claimant or of a child or young person who is a member of a claimant’s family;

  3. (c)

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

  4. (d)

     a person liable to maintain another person by virtue of section 78(6)(c) of the Administration Act 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;

• “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 relativeF4...; but it does not include any payment—

  1. (a)

     arising as a consequence of 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 an income-based jobseeker’s allowance at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification than 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)

     F7to which regulation 106(2) applies (payments in respect of children and young persons who reside at an educational establishment);

  5. (e)

     F8made 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 F9partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative; and

     2. (ii)

        F10... in respect of food, ordinary clothing or footwear, fuel, F11rent for which housing benefit is payable, housing costs to the extent that they are met under regulations 83(f) or 84(1)(g) (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 78;

  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 74(1) of the Administration 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 a jobseeker’s allowance or increasing the amount of that allowance;

  9. (i)

     F12to which paragraph 70 of Schedule 7 (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 intervalsF13...;

  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 paymentF14F15... that does not exceed the amount of jobseeker’s allowance payable had that payment not been made;

  4. (d)

     any payment representing a commutation of payments to which sub-paragraph (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 benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, which was not so made;

• “young claimant" means a person aged 16 or over but under F1620 who makes a claim for a jobseeker’s allowance.