Regulation 11 Calculation of earnings of self-employed earnersC1
England, Wales and Scotland
Except where paragraph (2) applies, where a claimant’s earnings consist of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—
over a period of one year; or
where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
Where the claimant’s earnings consist of F1any items to which paragraph (2A) applies those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) calculated in accordance with the formula—
where—S is the earnings;
T is the relevant earnings limit plus one penny; and
U is the total of the sums which would fall to be disregarded or deducted as appropriate under regulation 13(2) or (3) (calculation of net profit of self-employed earners).
This paragraph applies to—
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
any payment in respect of any—
book registered under the Public Lending Right Scheme 1982, or
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
The period mentioned in paragraph (2) shall begin on the date on which the payment is treated as paid under regulation 7 (date on which earnings are treated as paid).
Annotations
Textual amendments
- F1
Words in reg. 11(2) substituted (26.10.2009) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2009 (S.I. 2009/2678), regs. 1(2), 2(3)(a)
- F2
Reg. 11(2A) inserted (26.10.2009) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2009 (S.I. 2009/2678), regs. 1(2), 2(3)(b)
Modifications
- C1
Regs. 11-14 modified by S.I. 2002/1792, reg. 17B (as inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(i)) (as amended (5.8.2016) by (S.I. 2016/732), arts. 1(1), 4(2))