Paragraph 1 Definitions

In this Schedule, unless the context otherwise requires:–

• “appropriate percentage” means the percentage by which the income support personal allowance has been varied from that prescribed in the twelve months preceding the first Monday in the tax year to that payable in the twelve months from the first Monday in the tax year;

• “capable of work” means not incapable of work for the purposes of the 1992 Act and regulations made under it;

• “child benefit” means child benefit payable under the 1992 Act and regulations made under it;

• “coal industry employee” has the meaning assigned thereto in Article 2;

• “coal industry employer” in relation to a coal industry employee means the Corporation, one of their subsidiaries, a coking plant operator, a person or persons responsible for the payment of the remuneration of a workmen’s employee, a small mine licensee, a licensed operator (within the meaning of the Coal Industry Act 1994^f1) and any other person employing him prior to 1st January 1947 at a coal mine, a coking plant or at a prescribed place;

• “coal industry employment” means employment with one or more coal industry employers;

• “coking plant operator” means a person carrying on in Great Britain a business which consists wholly or mainly of the production in coke ovens of coke by high temperature carbonisation of coal;

• “a contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act^f2;

• “the Corporation” means the British Coal Corporation;

• “a day of incapacity for work” means a day of incapacity for work for the purposes of section 30C(1)(a) of the 1992 Act;

• “earnings” means earnings as defined in sections 89 and 122 of the 1992 Act;

• “employed” means gainfully employed either under a contract of service, or in an office (including elective office) with emoluments chargeable to income tax under Schedule E, or which would be so chargeable if the person holding the office was liable to assessment and charge to income tax under the Income Tax Acts;

• “employment” includes any trade, business, profession, office or vocation and “employed” has a corresponding meaning;

• “incapacity benefit” means incapacity benefit payable under sections 30A, 40 or 41 of the 1992 Act and by virtue of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995^f3;

• “income support personal allowance” means the amount prescribed as the personal allowance for a single claimant aged not less than 25 in paragraph (1)(e) of Schedule 2 to the Income Support (General) Regulations 1987^f4;

• “the Income Tax Acts” has the meaning given to it by section 83 l(1)(b) of the Income and Corporation Taxes Act 1988^f5;

• “the Jobseekers Act” means the Jobseekers Act 1995;

• “Mineworkers' Pension Scheme” means the Mineworkers' Pension Scheme having effect as set out in the Schedule to the Mineworkers' Pension Scheme (Modifications) Regulations 1994^f6;

• “National Coal Board Industrial Death and Retirement Scheme” means the National Coal Board Industrial Death and Retirement Scheme established by the Corporation pursuant to a resolution dated 6th March 1970^f7;

• “the 1983 Scheme” means the Redundant Mineworkers Payments Scheme set out in the Schedule to the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1983;

• “the 1984 Scheme” means the Redundant Mineworkers Payments Scheme set out in the Schedule to the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1984;

• “the 1986 Scheme” means the Redundant Mineworkers Payments Scheme set out in the Schedule to the Redundant Mineworkers and Concessionary Coal (Payment Schemes) Order 1986;

• “the 1992 Act” means the Social Security Contributions and Benefits Act 1992^f8;

• “the overlapping benefits regulations” means the Social Security (Overlapping Benefits) Regulations 1979^f9;

• “period of incapacity for work” means a period of incapacity for work for the purposes of section 30C(1)(b) of the 1992 Act;

• “prescribed place” means a place of a class specified in Appendix 1;

• “redundant person” has the meaning assigned thereto in Article 4;

• “relevant date” has the same meaning as in section 90(1) of the Employment Protection (Consolidation) Act 1978^f10;

• “self-employed” means gainfully employed otherwise than under a contract of service, or in an office (including elective office) with emoluments chargeable to income tax under Schedule E, or which would be so chargeable if the person holding the office was liable to assessment and charge to income tax under the Income Tax Acts (whether or not also employed in such employment);

• “sickness benefit” means sickness benefit payable under section 3 1 of the 1992 Act before 13th April 1995^f11;

• “small mine licensee” means any individual working coal by virtue of the grant of a gale in the Forest of Dean or in any other part of the Hundred of St Briavels and any person or body of persons for the time being engaged in coal mining activities by virtue of a licence granted by the Corporation under section 36(2)(a) of the Coal Industry Nationalisation Act 1946^f12;

• “the Staff Superannuation Scheme” means the British Coal Staff Superannuation Scheme having effect as set out in the Schedule to the British Coal Staff Superannuation Scheme (Modification) Regulations 1994^f13;

• “state retirement pension” means a basic Category A retirement pension under section 44 of the 1992 Act;

• “subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985^f14;

• “tax year” means a year commencing on the 6th April and ending on the following 5th April;

• “week” means a period of seven days beginning with midnight between Saturday and Sunday;

• “workmen’s employee” means any person who is employed at a coal mine or a prescribed place being a person remunerated out of moneys provided by deductions from the wages of or contributions of employees of a coal industry employer; and,

• “year” means a period of twelve calendar months