Regulation 32 Earnings of employed earnersI1
Northern Ireland
Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—
any bonus or commission;
any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;
any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only in so far as it represents loss of income;
any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;
any payment by way of a retainer;
any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of—
travelling expenses incurred by the claimant between his home and place of employment;
expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;
any award of compensation made under Article 146(4) and 151(3)(a) of the Employment Rights Orderf1 (remedies for unfair dismissal);
any payment or remuneration made under Article 60, 66, 96, 100 or 102 of the Employment Rights (Northern Ireland) Order 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to industrial tribunals);
any such sum as is referred to in section 112 of the Actf2 (certain sums to be earnings for social security purposes);
any payment made under the legislation of, or under any scheme operating in, the Republic of Ireland which is analogous to income to which sub-paragraphs (g) to (i) relate;
any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave, paternity leave or adoption leave F5, shared parental leave or parental bereavement leave or is absent from work because he is ill;
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001f3.
Earnings shall not include—
subject to paragraph (3), any payment in kind;
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
any occupational pension.
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(l).
Annotations
Textual amendments
- F1
Reg. 32(1)(gg) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 9(4)
- F2
Words in reg. 32(1)(i) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 15(5)(a)(i) (with art. 25)
- F3
Words in reg. 32(1)(i) inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 15(5)(a)(ii)
- F4
Words in reg. 32(1)(i) inserted (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 11(5)(a), 34
- F5
Words in reg. 32(1)(k) substituted (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 11(5)(b), 34
- F6
Reg. 32(2)(d) inserted (2.11.2009) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), regs. 1(3), 6(3)
- F7
Words in reg. 32(2)(d) substituted (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/105), regs. 1(1), 6(3)
Commencement
Footnotes
- f1
-
Article 146(4) was amended by paragraph 10 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 151(3) was amended by paragraph 11 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998, Article 32(2) of, and Schedule 9 to, the Employment Relations (Northern Ireland) Order 1999 and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003
- f2
-
Section 112 was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 and paragraph 21 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
- f3
Notes on Part VI
Modifications
- C1
Pt. VI applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(1)