1.—(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—
(a)any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to an income-related allowance;
(b)any earnings, other than a payment of the nature described in regulation 95(1)(e) (earnings of employed earners), paid or due to be paid from that employment which has not been terminated where the claimant is not—
(i)engaged in remunerative work; or
(ii)suspended from employment.
(2) This sub-paragraph applies to—
(a)any payment of the nature described in regulation 95(1)(e); and
(b)any award, sum or payment of the nature described in—
(i)regulation 95(1)(g) or (i); or
(ii)section 34 or 70 of the Employment Rights Act 1996(1) (guarantee payments and suspension from work: complaints to employment tribunals),
including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.
1996 c. 18. Sections 34 and 70 were amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).