Regulation 17A Earnings of employed earnersF1
For the purposes of state pension credit, the provisions of this regulation which relate to the earnings of employed earners, shall have effect in place of those prescribed for such earners in the Computation of Earnings Regulations.
Subject to paragraphs (3), (4) and (5), “earnings” in the case of employment as an employed earner, means any remuneration or profit derived from that employment and includes—
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;
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—
travelling expenses incurred by the claimant between his home and place of employment,
expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001;
statutory sick pay and statutory maternity pay payable by the employer under the Contributions and Benefits Act;
statutory shared parental pay payable under Part 12ZC of the Contributions and Benefits Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
statutory adoption pay payable under Part XIIZB of the Contributions and Benefits Act;
any sums payable under a contract of service—
for incapacity for work due to sickness or injury, or
by reason of pregnancy or confinement.
“Earnings” shall not include—
subject to paragraph (4), any payment in kind;
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
any occupational pension;
any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme;
any payment of compensation made pursuant to an award by an employment tribunal in respect of unfair dismissal or unlawful discrimination.
Paragraph (3)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (2)(g).
One half of any sum paid by a claimant by way of a contribution towards an occupational pension scheme or a personal pension scheme shall, for the purpose of calculating his earnings in accordance with this regulation, be disregarded.
In this regulation “employed earner” means a person who is gainfully employed in Northern Ireland, or the Republic of Ireland, either under a contract of service, or in an office (including elective office) with general earnings which are chargeable to income tax under the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003 or, as the case may be, chargeable under the legislation of the Republic of Ireland which is analogous to those Parts.
Annotations
Textual amendments
- F1
Regs. 17A, 17B inserted (6.10.2003) by The State Pension Credit (Amendment) (Northern Ireland) Regulations 2003 (S.I. 2003/2175), regs. 1, 5
- F2
Reg. 17A(2)(i)(ia) substituted for reg. 17A(2)(i) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), regs. 1(1), 5(4)
- F3
Word in reg. 17A(2)(i) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 10(4)(a) (with art. 25)
- F4
Reg. 17A(2)(ib) inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 10(4)(c)
- F5
Reg. 17A(2)(ia) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 10(4)(b) (with art. 25)
- F6
Reg. 17A(3)(f) inserted (coming into force in accordance with reg. 1(2)(c) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), reg. 5(3)
- F7
Words in reg. 17A(3)(f) substituted (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/105), regs. 1(1), 5(3)