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]—
F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)otherwise than by retirement except earnings to which regulation 35(1)(b) to (e) and [F4(g) to (i)] applies (earnings of employed earners);
[F5(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)
F3Sch. 8 para. 1(a)(i) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(7)(a)
F4Words 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
F5Sch. 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