108.—(1) Where a claimant’s earnings are not ascertainable at the time of the determination of the claim or of any revision or supersession the Department will treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.
(2) Subject to paragraph (3), where—
(a)a claimant performs a service for another person; and
(b)that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,
the Department is to treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies the Department that the means of that person are insufficient for the person to pay, or to pay more, for the service.
(3) Paragraph (2) shall not apply—
(a)to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Department is satisfied in any of those cases that it is reasonable for the claimant to provide the service free of charge;
(b)in a case where the service is performed in connection with—
(i)the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations(1), or
(ii)the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations(2) for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the claimant or the claimant’s partner participating in that programme;
(c)to a claimant who is engaged in work experience whilst participating in—
(i)the New Deal for Lone Parents, or
(ii)a scheme which has been approved by the Department for Employment and Learning as supporting the objectives of the New Deal for Lone Parents; or
(d)to a claimant who is participating in a work placement approved in writing by the Department for Employment and Learning (or a person providing services to that Department) before the placement starts and in this sub-paragraph “work placement” means practical work experience with an employer, which is neither paid nor undertaken in expectation of payment.
Regulation 75(1)(a)(v) was added by regulation 5(a) of S.R. 2001 No. 151 and amended by regulation 2 of S.R. 2007 No. 262
Regulation 19(3) was amended by regulation 3(2) of S.R. 1999 No. 501