Regulation 18 Earnings of employed earnersI1

England, Wales and Scotland

(1)

Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes–

(a)

any bonus or commission;

(b)

any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

(c)

any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only in so far as it represents loss of income;

(d)

any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;

(e)

any payment by way of a retainer;

(f)

any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of–

(i)

travelling expenses incurred by the claimant between his home and place of employment,

(ii)

expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;

(g)

any award of compensation made under section 68(2) or 71(2)(a) of the Employment Protection (Consolidation) Act 1978^f1 (remedies and compensation for unfair dismissal);

(h)

any such sum as is referred to in section 18(2) of the Social Security (Miscellaneous Provisions) Act 1977^f2 (certain sums to be earnings for social security purposes);

(i)

any statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982^f3 or statutory maternity pay under Part V of the Act.

(2)

Earnings shall not include–

(a)

any payment in kind;

(b)

any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

(c)

any occupational pension.

Annotations

Commencement

I1: Reg. 18 in force at 1.4.1990, see reg. 1

Footnotes

f1: 1978 c. 44; section 68(2) was amended by section 21 and Schedule 3 paragraph 21 of the Employment Act 1982 (c. 46); section 71(2) was amended by sections 5 and 21, Schedule 3 paragraph 22 and Schedule 4 of the Employment Act 1982.
f2: 1977 c. 5; section 18(2) was amended by section 159 and Schedule 16 paragraph 29 of the Employment Protection (Consolidation) Act 1978 (c. 44) and by section 86(2), of, and Schedule 10 Part IV paragraph 74 and Schedule 11 to, the Social Security Act 1986 (c. 50).
f3: 1982 c. 24.