Regulation 60 Earnings of self-employed earners

(1)

Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment.

(2)

“Earnings” does not include—

(a)

where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;

(b)

any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(i)

under section 22C(2), (3), (5) or (6)(a) or (b) of the Children Act 1989 (provision of accommodation and maintenance for a child whom the local authority is looking after)^f1;

(ii)

by a local authority under section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority)^f2; or

(iii)

by a local authority under regulation 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances)^f3; or

(iv)

by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations)^f4;

(c)

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

(i)

the National Health Service Commissioning Board^f5;

(ii)

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

(iii)

a voluntary organisation;

(iv)

the person concerned pursuant to section 26(3A) of the National Assistance Act 1948^f6;

(v)

a clinical commissioning group established under section 14D of the Health Service Act^f7; or

(vi)

a Local Health Board established by an order made under section 11 of the Health Service (Wales) Act;

(d)

any sports award.

(3)

In this regulation, “board and lodging accommodation” means—

(a)

accommodation provided to a person or, if they are a member of a family, to them or any other member of their family, for a charge which is inclusive of—

(i)

the provision of that accommodation; and

(ii)

at least some cooked or prepared meals which are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of their family) and consumed in that accommodation or associated premises; or

(b)

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of theirs or of any other member of their family, or other than on a commercial basis.

Annotations

Footnotes

f1: 1989 c.41. Section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).
f2: 1995 c.36. Section 26 was amended by Schedule 3 to the Adoption and Children (Scotland) Act 2007 (asp 4) and paragraph 9 of Schedule 1 to the Children and Young Persons Act 2008.
f3: S.I. 2009/210. Regulation 33 was amended by S.S.I. 2009/290.
f4: Section 59(1)(a) was amended by section 49 of the Children Act 2004 (c.31).
f5: The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006 (c.41), as inserted by section 9 of the Health and Social Care Act 2012 (c.7).
f6: 1948 c.29. Section 26(3A) was inserted by section 42 of the National Health Service and Community Care Act 1990 (c.19)
f7: Section 14D was inserted by section 25 of the Health and Social Care Act 2012.