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Regulation 97 Earnings of self-employed earners

England, Wales and Scotland

(1)

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.

(2)

“Earnings” do 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 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);

F6(ba)

any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—

(i)

to a claimant; or

(ii)

where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;

(c)

any sports award.

F7(3)

This paragraph applies only where A—

(a)

was formerly in the claimant’s care;

(b)

is aged 16 or over; and

(c)

continues to live with the claimant.

Annotations

Textual amendments

F1

1973 c. 50.

F2

1990 c. 35.

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

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.