Earnings of self-employed earnersE+W+S
37.—(1) Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973F1 [F2or section 2 of the Enterprise and New Towns (Scotland) Act 1990] to the claimant for the purpose of assisting him in carrying on his business.
[F3(2) “Earnings” shall not include—
(a)where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;]
[F4(b)any payment to which paragraph [F526, 27 or 27A] of Schedule 9 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation [F6, payments] made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care [F7and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)]).]
[F8(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;]
[F9(c)any sports award.]
[F10(3) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.]
Textual Amendments
F11973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).
F2Words in reg. 37(1) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F3Reg. 37(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 16
F4Reg. 37(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 27
F5Words in reg. 37(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 2(2)(a)
F6Words in reg. 37(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 2(2)(b)
F7Words in reg. 37(2)(b) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 2(2)(c)
F8Reg. 37(2)(ba) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 10(3)(a)
F9Reg. 37(2)(c) added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 6(3)
F10Reg. 37(3) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 10(3)(b)
Modifications etc. (not altering text)
C1Reg. 37 applied (S.) (29.3.2004) by The Individual Learning Account (Scotland) Regulations 2004 (S.S.I. 2004/83), regs. 1(1), 3(9)
Commencement Information
I1Reg. 37 in force at 11.4.1988, see reg. 1