Regulation 24 Earnings of self-employed earnersI1
England, Wales and Scotland
Subject to F1paragraphs (2) and (3), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973f1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990f2 to the claimant for the purpose of assisting him in carrying on his business unless at the date of claim the allowance has been terminated.
Where a claimant is employed in providing board and lodging accommodation for which a charge is payable, any income consisting of payments of such a charge shall only be taken into account under this Chapter as earnings if it forms a major part of the total of the claimant’s weekly income less any sums disregarded under Schedule 3 other than under paragraph 38 of that Schedule.
“Earnings” shall not include any payments to which paragraph 24 of Schedule 3 refers (sums to be disregarded in the calculation of income other than earnings) F3nor shall it include any sports award.
A self-employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to maternity allowance at the date of the claim.
Annotations
Textual amendments
- F1
Words in reg. 24(1) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(b), 6(a)
- F2
Reg. 24(3) added (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(b), 6(b)
- F3
Words in reg. 24(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 4(3)
- F4
Reg. 24(4) added (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001 (S.I. 2001/892), regs. 1(2), 8(2)
Commencement
Footnotes
- f1
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1973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2, Part II, paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).
- f2