The Social Security (Invalid Care Allowance) Regulations 1976 No. 409

PART II MISCELLANEOUS PROVISIONS RELATING TO [F1 CARER'S ALLOWANCE]

Textual Amendments

F1 Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2

Circumstances in which a person is or is not to be treated as gainfully employed

8.—(1) For the purposes of [F2 section 70(1)(b) of the Contributions and Benefits Act] (condition of a person being entitled to [F3 a carer’s allowance] for any day that he is not gainfully employed) a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded F4 [F5 £123] and, subject to paragraph (2) of this regulation, shall be treated as gainfully employed on every day in a week if his earnings in the immediately preceding week have exceeded F4 [F5 £123.]

(2) There shall be disregarded for the purposes of paragraph (1) above a person's earnings—

(a) for any week which under paragraph (2) of regulation 4 of these regulations is treated as a week in which that person satisfies the requirements of paragraph (1) of that regulation;F6 ...

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Social Security Benefit (Computation of Earnings) Regulations 1974(1), as amended(2), except regulations 5 to 7 thereof, shall apply in relation to invalid care allowance as they apply in relation to invalidity pension.

Textual Amendments

F2 Words in reg. 8(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(a)

F3 Words in reg. 8 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2

F4 Sums in reg. 8(1) substituted (8.4.2019)(S) by The Carer's Allowance Up-rating (Scotland) Regulations 2019 (S.S.I. 2019/21), regs. 1, 2

F5 Sums in reg. 8(1) substituted (8.4.2019)(E+W) by The Social Security Benefits Up-rating Regulations 2019 (S.I. 2019/552), regs. 1(1)(2), 4

F6 Word in reg. 8(2)(a) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(b)

F7 Reg. 8(2)(b) omitted (12.12.1995) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1995 (S.I. 1995/2935), regs. 1, 2

F8 Reg. 8(2)(c) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(c)

(1)

(1974 III, p. 7017).

(2)

There is no amendment relevant for the purposes of this regulation.