Paragraph 47 Average weekly earnings of employed earners: persons who are not pensioners
England, Wales and Scotland
Where the income of an applicant who is not a pensioner consists of earnings from employment as an employed earner his average weekly earnings must be estimated by reference to his earnings from that employment—
over a period immediately preceding the reduction week in which the application is made or treated as made and being a period of—
5 weeks, if he is paid weekly; or
2 months, if he is paid monthly; or
whether or not paragraph (a)(i) or (ii) applies, where an applicant’s earnings fluctuate, over such other period preceding the reduction week in which the application is made or treated as made as may, in any particular case, enable his average weekly earnings to be estimated more accurately.
Where the applicant has been in his employment for less than the period specified in sub-paragraph (1)(a)(i) or (ii)—
if he has received any earnings for the period that he has been in that employment and those earnings are likely to represent his average weekly earnings from that employment his average weekly earnings must be estimated by reference to those earnings;
in any other case, the authority must estimate the applicant’s average weekly earningsf1.
Where the amount of an applicant’s earnings changes the authority must estimate his average weekly earnings by reference to his likely earnings from the employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period must not in any case exceed 52 weeks.
For the purposes of this paragraph the applicant’s earnings are to be calculated in accordance with paragraphs 51 and 52 (earnings of employed earners: persons who are not pensioners).
Annotations
Footnotes
- f1
Powers in section 14A of the LGFA 1992 may be used to confer power to require employers to provide information for these purposes.