C1SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
F421
1
In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—
a
any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to income support;
b
any earnings, other than a payment of the nature described in F45sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from that employment which has not been terminated where the claimant is not—
i
engaged in remunerative work, or
ii
suspended from his employment.
2
This sub-paragraph applies to—
F46a
any payment of the nature described in—
i
regulation 35(1)(e), or
ii
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
b
any award, sum or payment of the nature described in—
i
regulation 35(1)(g) or (h), or
ii
section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),
including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.
F281A
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if the partner has attained the qualifying age for state pension credit on retirement.
F432
1
In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in F47paragraph 1(2)(a) or (b)(ii)) which relate to employment which ceased before the first day of entitlement to income support whether or not that employment has terminated.
2
This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.
I13
In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner F1or, 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.
I2F24
1
In a case to which this paragraph applies, F15£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 F15£20.
2
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
F29b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
This paragraph applies where–
a
b
F30the claimant’s partner has attained the qualifying age for state pension credit;
c
d
he or, as the case may be, he or his partner has continued in part-time employment.
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37
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
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 F6or 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 F4of the 1973 Act;
b
in a case where the claimant has ceased to be entitled to income support F44or employment and support allowance 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 F44or employment and support allowance, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which F33the claimant’s partner attains the qualifying age for state pension credit.;
c
no account shall be taken of any period occurring on or after the date on which F34the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit during which the claimant was not entitled to income support F44or employment and support allowance because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F7or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F5of the 1973 Act.
F135
In a case where the claimant is a lone parent and paragraph 4 does not apply, F16£20.
I3F116
Where the claimant is a member of a couple—
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.
F96A
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), F17£20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of F27carer’s allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of F27carer’s allowance.
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 F17£20 of the aggregated amount.
F96B
Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than F18£20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—
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 F18£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 F18£20.
I47
1
In a case to which none of paragraphs F104 to 6B applies to the claimant, F19£20 of earnings derived from one or more employments as—
F52a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51a
a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;
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
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 F19£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 F19£20.
I58
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 F20£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 F20£20.
I69
In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.
I7F1210
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.
I811
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.
I912
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.
I1013
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.
I1114
Any earnings of a child or young personF35except earnings to which paragraph 15 applies.
I1215
F36F8In 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) isF26... 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, F21£20;
b
in any other case, £5.
F4815A
1
Where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (as specified in Part IV and Schedule 2) less 10 pence, the amount of those earnings corresponding to that excess.
2
This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant from employment as a member of any F54... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year F55or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
F3715B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2215C
In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, any earnings.
I1316
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).
Sch. 8 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)