Paragraph 41 Earnings of self-employed earners: pensioners

(1)

Subject to sub-paragraph (2), “earnings” (“enillion”), in the case of employment as a self-employed earner who is a pensioner, means the gross income of the employment.

(2)

“Earnings” in the case of employment as a self-employed earner does not include—

(a)

where an applicant occupies a dwelling as the applicant’s home and the applicant provides in that dwelling board and lodging accommodation for which payment is made, those payments;

(b)

any payment made by a local authority to an applicant—

(i)

with whom a person is accommodated by virtue of arrangements made under section 22C or 23(2)(a) of the Children Act 1989^f1 (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, section 26(1) of the Children (Scotland) Act 1995^f2 F1, or section 81 of the Social Services and Well-being (Wales) Act 2014; or

(ii)

with whom a local authority fosters a child under the Looked After Children (Scotland) Regulations 2009^f3 or who is a kinship carer under those Regulations;

(c)

any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);

(d)

any payment made to the applicant or the applicant’s partner for a person (“the person concerned”) who is not normally a member of the applicant’s household but is temporarily in the applicant’s care, by—

(i)

a local authority but excluding payments of housing benefit made in respect of the person concerned;

(ii)

a voluntary organisation;

(iii)

the person concerned pursuant to section 26(3A) of the National Assistance Act 1948^f4;

(iv)

F2NHS England or F3an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006^f5; F4...

(v)

a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006^f6;

F5(vi)

the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or 36 of the Social Services and Well-being (Wales) Act 2014; or

(vii)

the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 18 or 19 of the Care Act 2014;

(e)

any sports award.

Annotations

Textual amendments

F1: Words in Sch. Scheme para. 41(2)(b)(i) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 19(a)
F2: Words in Sch. Scheme para. 41(2)(d)(iv) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 72(2)
F3: Words in Sch. Scheme para. 41(2)(d)(iv) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 73(2)(a)
F4: Word in Sch. Scheme para. 41(2)(d)(iv) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 19(b)(i)
F5: Sch. Scheme para. 41(2)(d)(vi)(vii) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 19(b)(ii)

Footnotes

f1: 1989 c.41; section 23 was substituted by sections 22A to 22F by section 8(1) of the Children and Young Persons Act 2008 (c.23). Section 22C is in force in England but only section 22C(11) is in force in Wales.
f2: 1995 c.36; section 26 was amended by paragraph 1 of Schedule 3 to the Adoption and Children (Scotland) Act 2007 (asp 4).
f3: S.I. 2009/210.
f4: 1948 c.29;.section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 (c.19).
f5: 2006 c.41. The Commissioning Board is established under section 1H of that Act (inserted by section 9 of the Health and Social Care Act 2012 (c.7)); section 14D was inserted by section 25 of the 2012 Act.
f6: 2006 c.42.

Notes on Schedule

Commencement

I1: Sch. in force at 28.11.2013, see reg. 1(2)