26. Where [F1the Secretary of State] is satisfied—
(a)that a person has performed a service either—
(i)without receiving any remuneration in respect of it; or
(ii)for remuneration which is less than that normally paid for that service;
(b)that the service in question was for the benefit of—
(i)another person who is not a member of the same family as the person in question; or
(ii)a body which is neither a charity nor a voluntary organisation;
(c)that the service in question was performed for a person who, or as the case may be, a body which was able to pay remuneration at the normal rate for the service in question;
(d)that the principal purpose of the person undertaking the service without receiving any or adequate remuneration is to reduce his assessable income for the purposes of the Act; and
(e)that any remuneration foregone would have fallen to be taken into account as earnings,
the value of the remuneration foregone shall be estimated by [F1the Secretary of State] and an amount equal to the value so estimated shall be treated as income of the person who performed those services.
Textual Amendments
F1Words in Sch. 1 para. 26 substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 19(d)