Paragraph 21 Earnings of self-employers earnersI1

England and Wales

(1)

Subject to sub-paragraph (2), “earnings”, in the case of employment as a self-employed earner, 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 his home and he 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 sections 22C F1... of the Children Act 1989^f1 or, as the case may be, F2section 26 or 26A of the Children (Scotland) Act 1995^f2 F3or in Wales placed with the applicant or the applicant’s partner by a local authority under 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^f4;

(d)

any payment made to the applicant or his partner for a person (“the person concerned”) who is not normally a member of the applicant’s household but is temporarily in his 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 F4where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);

(iv)

F5NHS England or F6an integrated care board established under section 14D of the National Health Service Act 2006^f5; F7...

(v)

a Local Health Board established by an order made under section 11 of the National Health Service (Wales) Act 2006^f6F8or

(vi)

the persons concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (respectively, duty and power to meet care and support needs of an adult);

F9(da)

any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) to a person (“A”) which A passes on to the applicant where A—

(i)

was formerly in the applicant’s care;

(ii)

is aged 16 or over; and

(iii)

continues to live with the applicant;

(db)

any payments made to an applicant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance: further provisions);

(e)

any sports award.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 21(2)(b)(i) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 135(3)(a)
F2: Words in Sch. 1 para. 21(2)(b)(i) substituted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 9(b)(i)
F3: Words in Sch. 1 para. 21(2)(b)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 135(3)(b)
F4: Words in Sch. 1 para. 21(2)(d)(iii) substituted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 36(3) (with art. 4)
F5: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F6: Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
F7: Word in Sch. 1 para. 21(2)(d)(iv) omitted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 9(b)(ii)
F8: Sch. 1 para. 21(2)(d)(vi) and word inserted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 9(b)(iii)
F9: Sch. 1 para. 21(2)(da)(db) inserted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 9(b)(iii)

Commencement

I1: Sch. 1 para. 21 in force at 27.11.2012, see reg. 1(1)

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 is not yet 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. 2009/20; amendments to these Regulations have been made by S.I. 2009/290.
f4: Section 59(1)(a) was amended by section 49 of the Children Act 2004 (c. 31) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008.
f5: 2006 c. 41; the Commissioning Board is established under section 1H of the National Health Service Act 2006. Section 1H was inserted by section 9 and section 14D inserted by section 25 of the Health and Social Care Act 2012 (c. 7).
f6: 2006 c. 42.