Regulation 42 Remunerative work
England, Wales and Scotland
For the purposes of the Act, “remunerative work” means work—
for which payment is made or which is done in expectation of payment; and
in which a claimant is—
engaged for 16 or more hours per week; or
where their hours of work fluctuate, engaged on average for 16 or more hours per week.
For the purposes of paragraph (1), the number of hours in which a claimant is engaged in work is to be determined—
where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which they are expected to work in a week;
where the number of hours for which they are engaged fluctuate, by reference to the average of hours worked over—
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);
in any other case, the period of five weeks immediately before the date of claim or the date of supersession, or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.
In determining in accordance with this regulation the number of hours for which a person is engaged in remunerative work—
that number must include any time allowed to that person by their employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;
no account must be taken of any hours in which the person is engaged in an employment or scheme to which any one of sub-paragraphs (a) to (e) of regulation 44(1) (person treated as not engaged in remunerative work) applies;
no account must be taken of any hours in which the person is engaged otherwise than in an employment as an earner in caring for—
a person who has claimed an attendance allowance F4, pension age disability payment, F5armed forces independence payment, a disability living allowance F6, Scottish adult disability living allowance F7, child disability payment F8, personal independence payment F9or adult disability payment, but only for the period beginning with the date of claim and ending on the date on which the claim is determined or, if earlier, on the expiration of the period of 26 weeks from the date of claim;
another person and is in receipt of a carer's allowance under section 70 of the Benefits Act F10or carer support payment; or
a person who has claimed either an attendance allowance F11, pension age disability payment, F12armed forces independence payment, a disability living allowance F13, child disability payment F14, personal independence payment F15or adult disability payment and has an award of attendance allowance, F16armed forces independence payment, the care component or the daily living component for a period commencing after the date on which that claim was made.
In this regulation—
F17“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
F18“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
F19“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;
“disability living allowance” means a disability living allowance under section 71 of the Benefits Act M1;
F20“care component” means—
- (a)
the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Benefits Act; F21...
- (b)
the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; F22or
- (c)
the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
- (a)
F23“daily living component” means—
- (a)
in respect of personal independence payment, the daily living component of that payment at the standard or enhanced rate referred to in section 78 of the Welfare Reform Act 2012;
- (b)
in respect of adult disability payment, the daily living component of that payment at the standard or enhanced rate referred to in regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.
- (a)
F24“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;
“personal independence payment” means an allowance under Part 4 of the Welfare Reform Act 2012F25;
“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.
Annotations
Textual amendments
- F1
Words in reg. 42(3)(c)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 15(2)(a)
- F2
Word in reg. 42(3)(c)(i) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(a)(i)
- F3
Words in reg. 42(3)(c)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(a)(ii)
- F4
Words in reg. 42(3)(c)(ii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 15(2)(a)
- F5
Words in reg. 42(3)(c)(ii) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(b)
- F6
Words in reg. 42(3)(c)(ii) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 16(2)(a)
- F7
Words in reg. 42(3)(c)(ii) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 22(2)(a)
- F8
Reg. 42(3)(c)(ii): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(a)(i)(aa)
- F9
Words in reg. 42(3)(c)(ii) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(a)(i)(bb)
- F10
Words in reg. 42(3)(c)(iii) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 24(5)
- F11
Words in reg. 42(3)(c)(iv) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 15(2)(a)
- F12
Words in reg. 42(3)(c)(iv) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(c)
- F13
Words in reg. 42(3)(c)(iv) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 22(2)(b)
- F14
Reg. 42(3)(c)(iv): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(a)(ii)(aa)
- F15
Words in reg. 42(3)(c)(iv) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(a)(ii)(bb)
- F16
Words in reg. 42(3)(c)(iv) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(d)
- F17
Words in reg. 42(4) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(b)(i)
- F18
Words in reg. 42(4) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), arts. 2(2), 7, Sch. para. 52(2)(e)
- F19
Words in reg. 42(4) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 22(3)(a)
- F20
Words in reg. 42(4) substituted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 22(3)(b)
- F21
Word in reg. 42(4) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 16(2)(b)(i)(aa)
- F22
Words in reg. 42(4) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 16(2)(b)(i)(bb)
- F23
Words in reg. 42(4) substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 15(2)(b)(ii)
- F24
Words in reg. 42(4) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 15(2)(b)
- F25
Words in reg. 42(4) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 16(2)(b)(ii)
Marginal citations
- M1
Section 71 was amended by section 67 of the Welfare Reform and Pensions Act 1999.