- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Employment and Support Allowance Regulations 2013 No. 379
69.—(1) Where the net amount of councillor’s allowance to which a claimant is entitled in respect of any week exceeds 16 multiplied by the National Minimum Wage, subject to paragraph (3), an amount equal to the excess is to be deducted from the amount of an employment and support allowance to which that claimant is entitled in respect of that week, and only the balance remaining (if any) is to be payable.
(2) In paragraph (1) “net amount”, in relation to any councillor’s allowance to which a claimant is entitled, means the aggregate amount of the councillor’s allowance or allowances, or remuneration to which that claimant is entitled for the week in question, reduced by the amount of any payment in respect of expenses wholly, exclusively and necessarily incurred by that claimant, in that week, in the performance of the duties of a councillor.
(3) Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of—
(a)less than 50p, that amount is to be rounded up to the nearest 50p; or
(b)less than £1 but more than 50p, that amount is to be rounded up to the nearest £1.
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