Paragraph 1

England, Wales and Scotland

(1)

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a)

any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to an income-related allowance;

(b)

any earnings, other than a payment of the nature described in F1sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i)

engaged in remunerative work; or

(ii)

suspended from employment.

(2)

This sub-paragraph applies to—

F2(a)

any payment of the nature described in—

(i)

regulation 95(1)(e) (earnings of employed earners), or

(ii)

section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

(b)

any award, sum or payment of the nature described in—

(i)

regulation 95(1)(g) or (i); or

(ii)

section 34 or 70 of the Employment Rights Act 1996 F3 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 1(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(18)(a)
F2: Sch. 7 para. 1(2)(a) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(18)(b)
F3: 1996 c. 18. Sections 34 and 70 were amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).

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.