Regulation 97 Earnings of self-employed earners
England, Wales and Scotland
Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and include any allowance paid under section 2 of the Employment and Training Act 1973 F1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F2 to the claimant for the purpose of assisting the claimant in carrying on the claimant's business.
“Earnings” do not include—
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;
any payment to which paragraph F328, 29 or 29A of Schedule 8 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisationF4, payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant's care) F5and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance);
any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
to a claimant; or
where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;
any sports award.
This paragraph applies only where A—
was formerly in the claimant’s care;
is aged 16 or over; and
continues to live with the claimant.
Annotations
Textual amendments
- F1
- F2
- F3
Words in reg. 97(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 7(3)(a)
- F4
Words in reg. 97(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 7(3)(b)
- F5
Words in reg. 97(2)(b) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 7(3)(c)
- F6
Reg. 97(2)(ba) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 13(3)(a)
- F7
Reg. 97(3) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 13(3)(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