OpenLegislation

Regulation 8 Circumstances in which a person is or is not to be treated as gainfully employed

Original text. Later amendments are not shown.

(1)

For the purposes of F1section 70(1)(b) of the Contributions and Benefits Act (condition of a person being entitled to F2a carer’s allowance for any day that he is not gainfully employed) a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded F3£204 and, subject to paragraph (2) of this regulation, shall be treated as gainfully employed on every day in a week if his earnings in the immediately preceding week have exceeded £204.

(2)

There shall be disregarded for the purposes of paragraph (1) above a person's earnings—

(a)

for any week which under paragraph (2) of regulation 4 of these regulations is treated as a week in which that person satisfies the requirements of paragraph (1) of that regulation; F4...

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The Social Security Benefit (Computation of Earnings) Regulations 1974f1, as amendedf2, except regulations 5 to 7 thereof, shall apply in relation to invalid care allowance as they apply in relation to invalidity pension.

Annotations

Textual amendments

F1

Words in reg. 8(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(a)

F2

Words in reg. 8 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2

F3

Sum in Reg. 8(1) substituted (E.W.) (6.4.2026) by The Social Security Benefits Up-rating Regulations 2026 (S.I. 2026/218), regs. 1(1), 4; (S.) (6.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(4), 2 (with sch. para. 1)

F4

Word in reg. 8(2)(a) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(b)

F5

Reg. 8(2)(b) omitted (12.12.1995) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1995 (S.I. 1995/2935), regs. 1, 2

F6

Reg. 8(2)(c) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(c)

Footnotes

f1

(1974 III, p. 7017).

f2

There is no amendment relevant for the purposes of this regulation.

Notes on Part II

Textual amendments

F1

Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2