PART 6Income and capital

SECTION 3Employed earners

Earnings of employed earners35.

(1)

Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—

(a)

any bonus or commission;

(b)

any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

(c)

any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only in so far as it represents loss of income;

(d)

any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;

(e)

any payment by way of a retainer;

(f)

any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of—

(i)

travelling expenses incurred by the claimant between his home and place of employment;

(ii)

expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;

(g)

any award of compensation made under section 112(4) or 117(3)(a) of the Employment Rights Act 1996 M1 (remedies and compensation for unfair dismissal);

F1(gg)

any payment or remuneration made under section 28, 34, 64, 68 or 70 of the Employment Rights Act 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to employment tribunals);

(h)

any such sum as is referred to in section 112 of the Act (certain sums to be earnings for social security purposes);

(i)

any statutory sick pay, statutory maternity pay, F2statutory paternity pay, statutory adoption pay, F3statutory shared parental payF4, statutory parental bereavement pay or a corresponding payment under any enactment having effect in Northern Ireland;

(j)

any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave, paternity leave or adoption leave F5or shared parental leaveF6, shared parental leave or parental bereavement leave or is absent from work because he is ill;

(k)

the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 M2.

(2)

Earnings shall not include—

(a)

subject to paragraph (3), any payment in kind;

(b)

any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

(c)

any occupational pension.

F7(d)

any payment in respect of expenses arising out of the F8claimant participating as a service user.

(3)

Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(k).