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Regulation 36 Calculation of net earnings of employed earners

England, Wales and Scotland

(1)

For the purposes of regulation 29 (average weekly earnings of employed earners), the earnings of a claimant derived or likely to be derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.

(2)

There shall be disregarded from a claimant's net earnings, any sum, where applicable, specified in paragraphs 1 to 14 F1and 18 of Schedule 4.

(3)

For the purposes of paragraph (1) net earnings shall, except where paragraph (6) applies, be calculated by taking into account the gross earnings of the claimant from that employment over the assessment period, less—

(a)

any amount deducted from those earnings by way of—

(i)

income tax;

(ii)

primary Class 1 contributions under the Act;

(b)

one-half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;

(c)

one-half of the amount calculated in accordance with paragraph (5) in respect of any qualifying contribution payable by the claimant; and

(d)

where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay, statutory maternity pay, F2statutory paternity pay, statutory adoption pay F3, statutory shared parental pay F4, statutory neonatal care pay or statutory parental bereavement pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the Act.

(4)

In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.

(5)

The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined—

(a)

where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;

(b)

in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.

(6)

Where the earnings of a claimant are estimated under sub-paragraph (b) of paragraph (2) of regulation 29 (average weekly earnings of employed earners), his net earnings shall be calculated by taking into account those earnings over the assessment period, less—

(a)

an amount in respect of income tax equivalent to an amount calculated by applying to those earnings F5... the basic rate F6, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax applicable to the assessment period less only the F7personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are appropriate to his circumstances but, if the assessment period is less than a year, the earnings to which the F8basic rate F9, or the Scottish basic rate, of tax is to be applied and the amount of the personal F10reliefs deductible under this sub-paragraph shall be calculated on a pro rata basis;

(b)

an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Act in respect of those earnings if such contributions were payable; and

(c)

one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.

Annotations

Textual amendments

F1

Words in reg. 36(2) inserted (5.10.2026) by The Housing Benefit (Earned Income Disregards) (Amendment) Regulations 2026 (S.I. 2026/753), regs. 1(1), 2(2)

F2

Words in reg. 36(3)(d) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 17(6)(a) (with art. 35(1))

F3

Words in reg. 36(3)(d) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(6)

F4

Words in reg. 36(3)(d) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(6)

F5

Words in reg. 36(6)(a) omitted (6.4.2009) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 6(4)(a)

F6

Words in reg. 36(6)(a) inserted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations 2016 (S.I. 2016/233), regs. 1, 4(4)(a)

F7

Words in reg. 36(6)(a) substituted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations 2016 (S.I. 2016/233), regs. 1, 4(4)(b)

F8

Word in reg. 36(6)(a) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 6(4)(b)

F9

Words in reg. 36(6)(a) inserted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations 2016 (S.I. 2016/233), regs. 1, 4(4)(c)

F10

Word in reg. 36(6)(a) substituted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations 2016 (S.I. 2016/233), regs. 1, 4(4)(d)