{ "url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-35", "json_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-35.json", "legislation": "nisr/1987/459", "legislation_title": "The Income Support (General) Regulations (Northern Ireland) 1987", "legislation_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987", "path": "regulation/35", "kind": "regulation", "number": "35", "heading": "Earnings of employed earners", "text": "(1) 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—\n(a) any bonus or commission;\n(b) 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;\n(c) 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;\n(d) any holiday pay except any payable more than 4 weeks after the termination or interruption of employment but this exception shall not apply to a claimant to whom, and for so long as, Article 24 of the Order (trade disputes) applies;\n(e) any payment by way of a retainer;\n(f) 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—\n(i) travelling expenses incurred by the claimant between his home and place of employment,\n(ii) 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;\n(g) any award of compensation made under Article 32(2)(a) or (5) of the Industrial Relations (Northern Ireland) Order 1976 (remedies for unfair dismissal and compensation);\n(h) any such sum as is referred to in Article 14(2) of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 (certain sums to be earnings for social security purposes);\n(i) any payment made under the legislation of, or under any scheme operating in, the Republic of Ireland which is analogous to any income to which sub-paragraphs (a) to (h) relate.\n(2) ''Earnings'' shall not include—\n(a) any payment in kind;\n(b) any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity;\n(c) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;\n(d) any occupational pension.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "S.I. 1976/1043 (N.I. 16); Article 32(2)(a) and (5) was amended by paragraph 4(5) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9))" }, { "type": "footnote", "label": "f2", "text": "S.I. 1977/610 (N.I. 11); Article 14(2) was amended by paragraph 49 of Schedule 9 to, and Schedule 10 to the Social Security (Northern Ireland) Order 1986" } ], "outstanding_effects": [ { "type": "words substituted", "affecting": "nisr/2023/56", "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023" }, { "type": "words substituted", "affecting": "nisr/2023/157", "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023" }, { "type": "words substituted", "affecting": "nisr/2022/236", "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022" }, { "type": "word omitted", "affecting": "nisr/2022/230", "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "word added", "affecting": "nisr/2022/230", "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "added", "affecting": "nisr/2022/230", "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "omitted", "affecting": "nisr/2008/112", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008" }, { "type": "words inserted", "affecting": "nisr/2000/74", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000" }, { "type": "words substituted", "affecting": "nisr/1999/381", "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999" }, { "type": "added", "affecting": "nisr/1999/249", "affecting_title": "The Social Security (Non-Cash Vouchers Amendments) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/249", "affecting_title": "The Social Security (Non-Cash Vouchers Amendments) Regulations (Northern Ireland) 1999" }, { "type": "added", "affecting": "nisr/1999/249", "affecting_title": "The Social Security (Non-Cash Vouchers Amendments) Regulations (Northern Ireland) 1999" }, { "type": "added", "affecting": "nisr/1997/130", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997" }, { "type": "words substituted", "affecting": "nisr/1997/130", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997" }, { "type": "words inserted", "affecting": "nisr/2002/363", "affecting_title": "The Social Security (Paternity and Adoption Amendment) Regulations (Northern Ireland) 2002" }, { "type": "omitted", "affecting": "nisr/2003/367", "affecting_title": "The Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003" }, { "type": "words substituted", "affecting": "nisr/2006/359", "affecting_title": "The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006" }, { "type": "words substituted", "affecting": "nisr/2007/396", "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007" }, { "type": "inserted", "affecting": "nisr/2007/396", "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007" }, { "type": "words substituted", "affecting": "nisr/2007/396", "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007" }, { "type": "words substituted", "affecting": "nisr/2007/396", "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007" }, { "type": "words substituted", "affecting": "nisr/2007/396", "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007" }, { "type": "omitted", "affecting": "nisr/2008/112", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008" }, { "type": "omitted", "affecting": "nisr/2008/112", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008" }, { "type": "added", "affecting": "nisr/2009/338", "affecting_title": "The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009" }, { "type": "words substituted", "affecting": "nisr/2014/105", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014" }, { "type": "words substituted", "affecting": "nisr/2015/146", "affecting_title": "The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015" }, { "type": "words substituted", "affecting": "nisr/2022/168", "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (revoked)" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1987/459/regulation/35", "retrieved_at": "2026-10-29T03:18:43.914608+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." }