Paragraph 12 F1

(1)

Any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the claimant’s employment as an employed earner which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to the benefit, pension or allowance to which the claim relates.

(2)

This sub-paragraph applies to—

(a)

any payment by way of occupational or personal pension; and

(b)

except in a case where the claimant’s employment terminated by reason of retirement at a time when he had attained pensionable age (within the meaning given by rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)—

(i)

any payment or remuneration of the nature described in regulation 9(1)(e) or (j), and

(ii)

any award or sum of the nature described in regulation 9(1)(g) or (h) (including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings).

(3)

Sub-paragraph (1) is subject to the following provisions.

(4)

Sub-paragraph (1) does not apply in relation to a claim for, or an award of, incapacity benefit (within the meaning given by paragraph 11 of Schedule 4 to the Welfare Reform Act 2007) or severe disablement allowance (also within the meaning given by that paragraph).

(5)

Sub-paragraph (1) applies in relation to a claim for an increase in benefit under Part IV of the Contributions and Benefits Act (increases in respect of dependants) only in a case where—

(a)

the spouse or partner or other adult in respect of whom that claim is made was in employment as an employed earner, but

(b)

that employment ended before the day referred to in sub-paragraph (1).

Annotations

Textual amendments

F1: Sch. 1 para. 12 added (1.10.2007) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(2), 2(5)