by estimating the amount which is likely to be his average weekly income in accordance with this Section and Sections 3 to 5 of this Part and Sections 1 and 3 of Part 7;

by adding to that amount the weekly income calculated under regulation 52 (calculation of tariff income from capital); and

by then deducting any relevant child care charges to which regulation 28 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant's family of whichever of the sums specified in paragraph (3) applies in his case.

the claimant's earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working tax credit or child tax credit.

where the claimant's family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

where the claimant's family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

is a lone parent and is engaged in remunerative work;

is a member of a couple both of whom are engaged in remunerative work; or

is paid statutory sick pay;

is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the ActM1;

is paid an employment and support allowance;

is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support RegulationsM2; or

is credited with earnings on the grounds of incapacity for work F2or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975M3.

the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefitF3, an employment and support allowance or income support on the grounds of incapacity for work; or

the first day of the period in respect of which earnings are credited,

in the case of any child of the claimant's family who is not disabled, in respect of the period beginning on that child's date of birth and ending on the day preceding the first Monday in September following that child's fifteenth birthday; or

in the case of any child of the claimant's family who is disabled, in respect of the period beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday.

in respect of the child's compulsory education;

by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 20 (circumstances in which a person is treated as responsible or not responsible for another); or

in respect of care provided by a relative of a child wholly or mainly in the child's home.

by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999M4;

by persons registered under F4Part 10A of the Children Act 1989 F4Part 2 of the Children and Families (Wales) Measure 2010M5; or

by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;

by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act; F7or

by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006; or

by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or

by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or

by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or

by a foster parent F8or kinship carer under the Fostering Services Regulations 2002, the Fostering Services (Wales) Regulations 2003 or the F9Looked After Children (Scotland) Regulations 2009 in relation to a child other than one whom the foster parent is fostering F10or kinship carer is looking after; or

by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 or the Domiciliary Care Agencies (Wales) Regulations 2004; or

by a person who is not a relative of the child wholly or mainly in the child’s home.

the claimant's applicable amount would include a disability premium F15... on account of the other member's incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the ActM6;

the claimant's applicable amount would include the support component or F17the other member would be a member of the work-related activity group F18... on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations F19or the Employment and Support Allowance Regulations 2013;

the claimant (within the meaning of regulation 2) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations F21or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

personal independence payment;

armed forces independence payment;

a pensionF26, allowance or payment to which head (ii), (iv), (v), (vi) or (viii) of sub-paragraph (d) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient F27, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of F28regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;

sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or

he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 M7or by Scottish Ministers under section 46 of the National Health Service (Scotland) Act 1978 M8or provided by the F29Department of Health, Social Services and Public Safety in Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.

in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;

who is certified as severely sight impaired or blind by a consultant ophthalmologist;

who ceased to be F32certified as severely sight impaired or blind within the period beginning 28 weeks before the first Monday in September following that person's fifteenth birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthdayF33; F34...

in respect of whom personal independence payment is payable, F35has ceased to be payable solely by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 ActF36; or

in respect of whom armed forces independence payment is payable.

“qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B to the Income Support RegulationsM11; and

“child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).

whether or not sub-paragraph (a)(i) or (ii) applies, where a claimant's earnings fluctuate, over such other period preceding the benefit week in which the claim is made or treated as made as may, in any particular case, enable his average weekly earnings to be estimated more accurately.

if he has received any earnings F49or expects to receive an amount of earnings for the period that he has been in that employment and those earnings are likely to represent his average weekly earnings from that employment his average weekly earnings shall be estimated by reference to those earnings;

in any other case, the relevant authority shall require the claimant's employer to furnish an estimate of the claimant's likely weekly earnings over such period as the relevant authority may require and the claimant's average weekly earnings shall be estimated by reference to that estimate.

in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week;

in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week; or

in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date of the change, and the beginning of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week.

a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;

a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

does not exceed a week, the weekly amount shall be the amount of that payment;