Regulation 2 Interpretation and application
England, Wales and Scotland
In these Regulations—
“the 1998 Act” means the Social Security Act 1998 M1;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“claimant” means a claimant of a specified benefit who has a partner to whom these Regulations apply;
F1“couple” means—
- (a)
two people who are married to, or civil partners of, each other and are members of the same household; or
- (b)
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
- (a)
“interview” means a work-focused interview with a partner which is conducted for any or all of the following purposes—
- (a)
assessing the partner’s prospects for existing or future employment (whether paid or voluntary);
- (b)
assisting or encouraging the partner to enhance his prospects of such employment;
- (c)
identifying activities which the partner may undertake to strengthen his existing or future prospects of employment;
- (d)
identifying current or future employment or training opportunities suitable to the partner’s needs; and
- (e)
identifying educational opportunities connected with the existing or future employment prospects or needs of the partner;
- (a)
“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;
“partner” means a person who is a member of the same couple as the claimant, or, in a case where the claimant has more than one partner, a person who is a partner of the claimant by reason of a polygamous marriage, but only where—
- (a)
the claimant has been awarded a specified benefit at a higher rate referable to that partner; and
- (b)
both the partner and the claimant have attained the age of 18 but have not attained F2pensionable age;
- (a)
F3“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“specified benefit” means a benefit to which section 2AA applies.
For the purposes of these Regulations a person is to be treated as responsible for, and a member of the same household as, a child only where the person would be treated as being responsible for, and a member of the same household as, such a child under regulations 15 and 16 of the Income Support (General) Regulations 1987, if references in those Regulations to income support were to a specified benefit.
F5...regulations 3 to 13 apply to a partner in circumstances where on or after 12th April 2004 the claimant’s award of a specified benefit is being administered from an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office M2 and the claimant has been continuously entitled to the benefit for 26 weeks or longer.
Annotations
Textual amendments
- F1
Words in reg. 2(1) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 66
- F2
Words in reg. 2(1) substituted (6.4.2010) by Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010 (S.I. 2010/563), regs. 1, 7(a)
- F3
Words in reg. 2(1) inserted (6.4.2010) by Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010 (S.I. 2010/563), regs. 1, 7(b)
- F4
Reg. 2(2) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 4(2)
- F5
Words in reg. 2(2) omitted (24.4.2006) by virtue of Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909), regs. 1(1), 2(4)
Marginal citations
- M1
- M2
A list of offices designated as Jobcentre Plus Offices is available from the Department for Work and Pensions at the following address: Jobcentre Plus Implementation Project, Jobcentre Plus Head Office, Level 1, Steel City House, West Street, Sheffield, S1 2GQ.