{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-97",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-97.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "regulation/97",
  "kind": "regulation",
  "number": "97",
  "heading": "Earnings of self-employed earners",
  "text": "(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 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 to the claimant for the purpose of assisting the claimant in carrying on the claimant's business.\n(2) “Earnings” do not include—\n(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;\n(b) any payment to which paragraph 28, 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 organisation, payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant's care) and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance);\n(ba) any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—\n(i) to a claimant; or\n(ii) where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;\n(c) any sports award.\n(3) This paragraph applies only where A—\n(a) was formerly in the claimant’s care;\n(b) is aged 16 or over; and\n(c) continues to live with the claimant.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1973 c. 50."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1990 c. 35."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/regulation/97",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}