C1SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
F11
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 F2sub-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—
F3a
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.
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)