Regulation 9 Earnings of employed earners

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;

any holiday pay except any payable more than four weeks after the termination or interruption of 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—

any award of compensation made under section 112(4) or 117(3)(a) of the Employment Rights Act 1996 M1 (remedies and compensation);

any such sum as is referred to in section 112(3) of the Contributions and Benefits Act (certain sums to be earnings for social security purposes);

where—

any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is—

applies in cases where dividing the amount of the compensation by the maximum weekly amount produces a whole number plus a fraction; and

is equal to the difference between—

wholly, exclusively and necessarily incurred in the performance of the duties of the employment; or

arising out of the F5claimant participating as a service user.

a person who is being consulted by or on behalf of—

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services;

a person who is being consulted by or on behalf of—

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person; or

the carer of a person consulted under sub-paragraphs (a) or (b).

any payment specified in paragraph (1)(a) to (h);

any payment specified in paragraph (3);

any redundancy payment within the meaning of section 135 of the Employment Rights Act 1996;

any refund of contributions to which that person was entitled under an occupational pension scheme;

any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988 M2;