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The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994
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- UK Statutory Instruments
- 1994 No. 527
- Regulation 13
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Amendment of regulation 15 of the Family Credit Regulations
13.—(1) Regulation 15 of the Family Credit Regulations (normal weekly earnings of self-employed earners)(1) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraphs—
“(a)except where sub-paragraph (aa) or (b) applies, over a period of 6 consecutive complete months up to and including the second last complete month immediately preceding the date of claim; or
(aa)except where sub-paragraph (b) applies, where the claimant provides in respect of the employment a statement of his earnings and expenses for the six consecutive complete months up to and including the last complete month immediately preceding the date of claim, over that period of six months; or”.
(3) For paragraph (2) there shall be substituted the following paragraph—
“(2) Subject to regulation 17, in a case where the claimant has been in employment as a self-employed earner for less than 7 complete months, his normal weekly earnings shall be determined over a period of 6 consecutive complete months commencing with the first complete month after the claimant began that employment, and that determination shall be based on either—
(a)where the claimant provides in relation to that employment a statement of his earnings and expenses for the complete months up to and including the last complete month immediately preceding the date of claim, the earnings he received in those months, or
(b)where no such statement is provided, any earnings he received in the period up to and including the second last complete month immediately preceding the date of claim,
together with an estimate of the earnings likely to be received in the balance of the 6 month period.”.
(4) At the end of the regulation there shall be added the following paragraph—
“(4) In this regulation a “complete month” begins on the first day of the month and ends on the last day of the month.”.
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