Earnings of self-employed earners
100.—(1) Subject to paragraph (2), “earnings", in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under any scheme referred to in regulation 19(1)(r) (circumstances in which a person is to be treated as actively seeking employment: schemes for assisting persons to become self-employed earners) to the claimant for the purpose of assisting him in carrying on his business.
(2) “Earnings" shall not include–
(a)where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;
(b)any payment to which paragraph [F127, 28 or 28A] of Schedule 7 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation [F2, payments] made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care [F3and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)]).
[F4(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;]
[F5(c)any sports award.]
[F6(3) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.]
Textual Amendments
F1Words in reg. 100(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 3(2)(a)
F2Words in reg. 100(2)(b) substituted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 3(2)(b)
F3Words in reg. 100(2)(b) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 3(2)(c)
F4Reg. 100(2)(ba) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 11(3)(a)
F5Reg. 100(2)(c) added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 7(3)