SCHEDULE 1Pensioners: matters that must be included in an authority’s scheme

PART 6Income and capital for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction

CHAPTER 2Income

Earnings of self-employers earnersI121

1

Subject to sub-paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross income of the employment.

2

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

a

where an applicant 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 an applicant—

i

with whom a person is accommodated by virtue of arrangements made under sections 22C or 23(2)(a) of the Children Act 1989129 or, as the case may be, section 26(1) of the Children (Scotland) Act 1995130; or

ii

with whom a local authority fosters a child under the Looked After Children (Scotland) Regulations 2009131 or who is a kinship carer under those Regulations;

c

any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989132;

d

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

i

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

ii

a voluntary organisation;

iii

the person concerned pursuant to section 26(3A) of the National Assistance Act 1948133;

iv

the National Health Service Commissioning Board or a clinical commissioning group established under section 14D of the National Health Service Act 2006134; or

v

a Local Health Board established by an order made under section 11 of the National Health Service (Wales) Act 2006135;

e

any sports award.