Regulations 36(2), 38(2) and 44(6)
1. In the case of a claimant who has been engaged in remunerative work as an employed earner [F1or, had the employment been in Great Britain, would have been so engaged]—E+W+S
(a)any earnings paid or due to be paid [F2in 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 Social Security Act, or would be so entitled if he satisfied the contribution conditions;
(ii)otherwise than by retirement except earnings to which regulation 35(1)(b) to (e) and [F3(g) to (i)] applies (earnings of employed earners);
[F4(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 35(1)(d) and (e) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.]
Textual Amendments
F1Words in Sch. 8 para. 1 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 34(a)
F2Words in Sch. 8 para. 1(a) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 24(a)
F3Words in Sch. 8 para. 1(a)(ii) substituted (9.10.1989) by The Income Support (General) Amendment No. 2 Regulations 1989 (S.I. 1989/1323), regs. 1(1)(b), 18
F4Sch. 8 para. 1(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 22(2)
Commencement Information
I1Sch. 8 para. 1 in force at 11.4.1988, see reg. 1
[F52. In the case of a claimant who, before the date of claim—E+W+S
(a)has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and
(b)has ceased to be engaged in that employment, whether or not that employment has been terminated,
any earnings in respect of that employment except any payment to which regulation 35(1)(e) applies; but this paragraph shall not apply where the claimant has been suspended from his employment.]
Textual Amendments
F5Sch. 8 para. 2 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 22(3)
3. In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner [F6or, had the employment been in Great Britain, would have been so engaged] and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 30(2) (royalties etc.) applies.E+W+S
Textual Amendments
F6Words in Sch. 8 para. 3 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 34(b)
Commencement Information
I2Sch. 8 para. 3 in force at 11.4.1988, see reg. 1
[F74.—(1) In a case to which this paragraph applies, [F8£20]; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than [F8£20].E+W+S
(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient F9... or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).
(3) This paragraph applies where–
(a)the claimant is a member of a couple, and–
(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or
(ii)had he not been an in-patient F10... or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and
(b)he or his partner is under the age of 60 and at least one is engaged in part-time employment.
(4) This paragraph applies where–
(a)the claimant’s applicable amount includes, or but for his being an in-patient F11... or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and
(b)the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and
(c)immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of [F8£20]; and
(d)he or, as the case may be, he or his partner has continued in part-time employment.
F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(7) For the purposes of this paragraph–
(a)except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–
(i)on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to income support; or
(ii)immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 [F14or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or to attend a course at an employment rehabilitation centre established under that section [F15of the 1973 Act];
(b)in a case where the claimant has ceased to be entitled to income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;
(c)no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to income support because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F16or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F17of the 1973 Act].]]
Textual Amendments
F7Sch. 8 para. 4 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 10
F8Word in Sch. 8 para. 4 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(a) (with reg. 4)
F9Words in Sch. 8 para. 4(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 01 para. 018(a)
F10Words in Sch. 8 para. 4(3)(a)(ii) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 01 para. 018(a)
F11Words in Sch. 8 para. 4(4)(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 01 para. 018(a)
F12Sch. 8 para. 4(5)(6) revoked (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 12(a)
F13Sch. 8 para. 4(7) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 12(a)
F14Words in Sch. 8 para. 4(7)(a)(ii) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F15Words in Sch. 8 para. 4(7)(a)(ii) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(f)(i)
F16Words in Sch. 8 para. 4(7)(c) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F17Words in Sch. 8 para. 4(7)(c) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(f)(ii)
Commencement Information
I3Sch. 8 para. 4 in force at 11.4.1988, see reg. 1
[F185. In a case where the claimant is a lone parent and paragraph 4 does not apply, [F19£20].]E+W+S
Textual Amendments
F18Sch. 8 para. 5 substituted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 13
F19Word in Sch. 8 para. 5 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(b)
[F206. Where the claimant is a member of a couple—E+W+S
(a)in a case to which none of paragraphs 4, 6A, 6B, 7 and 8 applies , £10; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this sub-paragraph are less than £10;
(b)in a case to which one or more of paragraphs 4, 6A, 6B, 7 and 8 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under those paragraphs exceed £10.]
Textual Amendments
F20Sch. 8 para. 6 substituted (with effect in accordance with reg. 1(6) of the amending S.I) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(11)(a) (with reg. 13)
Commencement Information
I4Sch. 8 para. 6 in force at 11.4.1988, see reg. 1
[F216A.—(1) In a case to which none of paragraphs 4 to 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), [F22£20] of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of invalid care allowance.E+W+S
(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed [F22£20] of the aggregated amount.]
Textual Amendments
F21Sch. 8 paras. 6A, 6B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(2)
F22Word in Sch. 8 para. 6A substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(c)
[F216B. Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than [F23£20], but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—E+W+S
(a)specified in paragraph 7(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6A exceed [F23£20];
(b)other than one specified in paragraph 7(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 6A exceed [F23£20].]
Textual Amendments
F21Sch. 8 paras. 6A, 6B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(2)
F23Word in Sch. 8 para. 6B substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(d)
7.—(1) In a case to which none of paragraphs [F244 to 6B] applies to the claimant, [F25£20] of earnings derived from one or more employments as—E+W+S
(a)a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959F26;
(b)an auxiliary coastguard in respect of coast rescue activities;
(c)a person engaged part time in the manning or launching of a life boat;
(d)a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979F27;
but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).
(2) If the claimant's partner is engaged in employment—
(a)specified in sub-paragraph (1) so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed [F25£20];
(b)other than one specified in sub-paragraph (1) so much of his earnings from that employment up to £5 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed [F25£20].
Textual Amendments
F24Words in Sch. 8 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(3)
F25Word in Sch. 8 para. 7 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(e)
F27S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.
Commencement Information
I5Sch. 8 para. 7 in force at 11.4.1988, see reg. 1
8. Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than [F28£20] in any week and he is also engaged in any other part-time employment so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 7 exceed [F28£20].E+W+S
Textual Amendments
F28Word in Sch. 8 para. 8 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(f)
Commencement Information
I6Sch. 8 para. 8 in force at 11.4.1988, see reg. 1
9. In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.E+W+S
Commencement Information
I7Sch. 8 para. 9 in force at 11.4.1988, see reg. 1
[F2910. Notwithstanding the foregoing provisions of this Schedule, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.]E+W+S
Textual Amendments
F29Sch. 8 para. 10 substituted (with effect in accordance with reg. 1(6) of the amending S.I) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(11)(b) (with reg. 13)
Commencement Information
I8Sch. 8 para. 10 in force at 11.4.1988, see reg. 1
11. Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.E+W+S
Commencement Information
I9Sch. 8 para. 11 in force at 11.4.1988, see reg. 1
12. Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.E+W+S
Commencement Information
I10Sch. 8 para. 12 in force at 11.4.1988, see reg. 1
13. Any earnings which is due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.E+W+S
Commencement Information
I11Sch. 8 para. 13 in force at 11.4.1988, see reg. 1
14. Any earnings of a child or young person except earnings to which paragraph 15 applies.E+W+S
Commencement Information
I12Sch. 8 para. 14 in force at 11.4.1988, see reg. 1
15. [F30In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education and] who is engaged in remunerative work, if—
(a)an amount by way of a disabled child premium under Schedule 2 (applicable amounts) isF31... included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent of that which he would, but for that disability normally be expected to earn, [F32£20];
(b)in any other case, £5.
Textual Amendments
F30Words in Sch. 8 para. 15 substituted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 7 (with reg. 1(2))
F31Words in Sch. 8 para. 15(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. I para. 18(b)
F32Word in Sch. 8 para. 15 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(g)
Commencement Information
I13Sch. 8 para. 15 in force at 11.4.1988, see reg. 1
[F3315A. In the case of a claimant who—E+W+S
(a)has been engaged in employment as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979; and
(b)by reason of that employment has failed to satisfy any of the conditions for entitlement to income support other than section 124(1)(b) of the Contributions and Benefits Act (income support in excess of the applicable amount),
any earnings from that employment paid in respect of the period in which the claimant was not entitled to income support.]
Textual Amendments
F33Sch. 8 para. 15A inserted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(11)(c) (with reg. 13)
[F3415B. In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3).]E+W+S
Textual Amendments
[F3515C. In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, any earnings.]E+W+S
Textual Amendments
F35Sch. 8 para. 15C inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 8
16. In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).E+W+S
Commencement Information
I14Sch. 8 para. 16 in force at 11.4.1988, see reg. 1