The Social Security Benefit (Computation of Earnings) Regulations 1996

Regulations 10(2) and 13(2)

SCHEDULE 1 E+W+S SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 2 or 3 refers. E+W+S

2.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family— E+W+S

[F1 (a) where the aggregate of any payments made in respect of any one week in respect of the occupation of that dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20.]

Textual Amendments

F1 Sch. 1 para. 2(a)(b) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(4), 2(4)

3.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to— E+W+S

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

(b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

4.  Except in the case of a claimant who is absent from Great Britain and not disqualified for receiving any benefit, pension, allowance or supplement, by virtue of the Social Security Benefit (Persons Abroad) Regulations 1975 M1 — E+W+S

(a) 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;

(b) 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.

Marginal Citations

M1 1989 c.41.

5.  Any earnings which are 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. E+W+S

6.  Any payment made by a local authority to the claimant with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 M2 (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, section 21 of the Social Work (Scotland) Act 1968 M3 or by a voluntary organisation under section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations) or by a care authority under regulation 9 of the Boarding-out and Fostering of Children (Scotland) Regulations 1985 M4 (provision of accommodation and maintenance for children in care). E+W+S

Marginal Citations

M2 1968 c.49.

M3 1985/1799.

M4 S.I. 1982/1408; the relevant amending instrument is S.I. 1996/670.

7.  Any payment made by a health authority [F2 a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation] to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care. E+W+S

Textual Amendments

F2 Words in Sch. 1 para. 7 substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 32(3)

8.  In respect of regulation 16 of the Social Security (General Benefit) Regulations 1982 M5 any earnings not earned during the period of the award. E+W+S

Marginal Citations

M5 1947 c.41; 1951 c.27; 1959 c.44.

9.  Any bounty paid at intervals of at least one year and derived from employments as— E+W+S

(a) [F3 a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 ] M6

[F4 (aa) a part-time fire-fighter employed by a fire and rescue authority;]

[F5 (aa) a part-time fire-fighter employed by a fire and rescue authority;]

[F6 (ab) a part-time fire-fighter employed by [F7 the Scottish Fire and Rescue Service]; ]

(b) an auxiliary coastguard in respect of coast rescue activities;

(c) a person engaged part-time in the manning or launching of a lifeboat;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 M7 .

Textual Amendments

F3 Sch. 1 para. 9(a) revoked (S.) (2.8.2005) by Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 1(2)(f), Sch. para. 11(a)

F4 Sch. 1 para. 9(aa) inserted (30.12.2004) by Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 39

F5 Sch. 1 para. 9(aa) inserted (W.) (25.10.2005) by Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 39

F6 Sch. 1 para. 9(ab) inserted (2.8.2005) by Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 1(2)(f), Sch. para. 11(b)

F7 Words in Sch. 1 para. 9(ab) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 75

Marginal Citations

M6 S.I. 1979/591; relevant amending instruments are S.I. 1980/1975 and 1994/1553.

M7 Section 143(3)(c)(i)–(iii) came into force on 1.4.93 under the Social Security (Consequential Provisions) Act 1992 (c.6) section 6, Schedule 4, paragraph 5 by virtue of the Schedule to S.I.1992/2975 (C.91) to have effect until a day appointed under the Social Security (Consequential Provisions) Act 1992 (c.6) section 6, Schedule 4, paragraph 1.

10.  Any amount by way of refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E. E+W+S

11.  In the case of employment as an employed earner, any advance of earnings or any loan made by the claimant’s employer. E+W+S

[F8 12.— (1) Any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the claimant’s employment as an employed earner which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to the benefit, pension or allowance to which the claim relates. E+W+S

(2) This sub-paragraph applies to—

(a) any payment by way of occupational or personal pension; and

(b) except in a case where the claimant’s employment terminated by reason of retirement at a time when he had attained pensionable age (within the meaning given by rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)—

(i) any payment or remuneration of the nature described in regulation 9(1)(e) or (j), and

(ii) any award or sum of the nature described in regulation 9(1)(g) or (h) (including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings).

(3) Sub-paragraph (1) is subject to the following provisions.

(4) Sub-paragraph (1) does not apply in relation to a claim for, or an award of, incapacity benefit (within the meaning given by paragraph 11 of Schedule 4 to the Welfare Reform Act 2007) or severe disablement allowance (also within the meaning given by that paragraph).

(5) Sub-paragraph (1) applies in relation to a claim for an increase in benefit under Part IV of the Contributions and Benefits Act (increases in respect of dependants) only in a case where—

(a) the spouse or partner or other adult in respect of whom that claim is made was in employment as an employed earner, but

(b) that employment ended before the day referred to in sub-paragraph (1).]

Textual Amendments

F8 Sch. 1 para. 12 added (1.10.2007) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(2), 2(5)