{
  "url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-8",
  "json_url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-8.json",
  "legislation": "uksi/1976/409",
  "legislation_title": "The Social Security (Invalid Care Allowance) Regulations 1976",
  "legislation_url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Circumstances in which a person is or is not to be treated as gainfully employed",
  "text": "(1) For the purposes of section 70(1)(b) of the Contributions and Benefits Act (condition of a person being entitled to a 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 £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.\n(2) There shall be disregarded for the purposes of paragraph (1) above a person's earnings—\n(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; ...\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The Social Security Benefit (Computation of Earnings) Regulations 1974, as amended, except regulations 5 to 7 thereof, shall apply in relation to invalid care allowance as they apply in relation to invalidity pension.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "(1974 III, p. 7017)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "There is no amendment relevant for the purposes of this regulation."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1976/409/regulation/8",
    "retrieved_at": "2026-10-29T20:29:18.568402+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}