Regulation 76 Deductions for councillor's allowance
England, Wales and Scotland
Where the net amount of councillor's allowance to which a claimant is entitled in respect of any week exceeds F116 x National Minimum Wage, subject to paragraph (3), an amount equal to the excess is to be deducted from the amount of a contributory allowance to which that F2claimant is entitled in respect of that week, and only the balance remaining (if any) is to be payable.
In paragraph (1) “net amount”, in relation to any councillor's allowance to which a claimant is entitled, means the aggregate amount of the councillor's allowance or allowances, or remuneration to which that claimant is entitled for the week in question, reduced by the amount of any payment in respect of expenses wholly, exclusively and necessarily incurred by that claimant, in that week, in the performance of the duties of a councillor.
Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–
less than 50p, that amount shall be rounded up to the nearest 50p; or
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.
Annotations
Textual amendments
- F1
Words in reg. 76(1) substituted (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 16(6)(a)
- F2
Word in reg. 76(1) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(25)
- F3
Reg. 76(3) added (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 16(6)(b)
Notes on the whole SI
Textual amendments
- F1
Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
- F2
Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
- F3
Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
- F4
Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
- F5
- F6
- F7