The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Earnings of self-employed earners

38.—(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 section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990(1) to the claimant for the purpose of assisting him in carrying on his business unless at the date of claim the allowance has been terminated.

(2) “Earnings” in the case of employment as a self-employed earner does not include—

(a) where a claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation for which payment is made, those payments;

(b) any payment made by a local authority to a claimant—

(i) with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989(2) (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, section 26(1) of the Children (Scotland) Act 1995(3); or

(ii) with whom a local authority foster a child under the Fostering of Children (Scotland) Regulations 1996(4);

(c) any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);

(d) any payment made to the claimant or his partner for a person (“the person concerned”) who is not normally a member of the claimant’s household but is temporarily in his care, by—

(i) a health authority;

(ii) a local authority, but excluding payments of housing benefit made in respect of the person concerned;

(iii) a voluntary organisation;

(iv) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948(5); or

(v) a primary care trust established under section 16A of the National Health Service Act 1977(6);

(e) any sports award.

(1)

1990 c. 35.

(2)

1989 c. 41.

(3)

1995 c. 36.

(4)

S.I. 1996/3263.

(5)

1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and community Care Act 1990 (c. 19).

(6)

1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).