1. In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—
(a)any earnings paid or due to be paid in respect of that employment which has terminated—
(i)by way of retirement but only if on retirement he is entitled to a retirement pension under the Benefits Act, or would be so entitled if he satisfied the contribution conditions;
(ii)otherwise than by retirement except earnings to which [F1regulation 98(1)(b), (c), (d), (f)[F2, (ff)] and (g)] applies (earnings of employed earners);
(b)where–
(i)the employment has not been terminated, but
(ii)the claimant is not engaged in remunerative work,
any earnings in respect of that employment except earnings to which regulation 98(1)(c) and (d) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.
Textual Amendments
F1Words in Sch. 6 para. 1(a)(ii) substituted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 20, Sch. Pt. 2
F2Word in Sch. 6 para. 1(a)(ii) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 31(2)