PART 7EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE
Exempt work45
1
The categories of work referred to in regulation 40(2)(f) are set out in the following paragraphs.
2
Work for which the earnings in any week do not exceed £20.00.
3
Work for which the earnings in any week do not exceed F516 x National Minimum Wage, subject to paragraph (9A), and which—
a
is part of the claimant's treatment programme and is done under medical supervision while the claimant is an in-patient, or is regularly attending as an out-patient, of a hospital or similar institution; or
4
F74A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Work done in the course of receiving assistance in pursuing self-employed earner's employment whilst participating in a programme provided or other arrangements made under section 2 of the Employment and Training Act 1973 F1 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F2 (functions in relation to training for employment etc.).
6
Work done where the claimant receives no payment of earnings and where the claimant—
a
is engaged by a charity or voluntary organisation; or
b
is a volunteer,
where the Secretary of State is satisfied in any of those cases that it is reasonable for the claimant to provide the service free of charge.
7
Work done in the course of participating in a work placement approved in writing by the Secretary of State before the placement starts.
8
The number of hours for which a claimant is engaged in work is to be determined—
a
where no recognisable cycle has been established in respect of a claimant's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which the claimant is expected to work in a week;
b
where the number of hours for which the claimant is engaged fluctuate, by reference to the average of hours worked over—
i
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
ii
in any other case, the period of five weeks immediately before the date of claim or the date on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 F3, or such other length of time as may, in the particular case, enable the claimant's average hours of work to be determined more accurately.
9
For the purposes of determining the number of hours for which a claimant is engaged in work, that number is to include any time allowed to that claimant by the claimant's employer for a meal or for refreshment, but only where that claimant is, or expects to be, paid earnings in respect of that time.
F99A
Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–
a
less than 50p, that amount shall be rounded up to the nearest 50p; or
b
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.