PART 7Earnings

Earnings of self-employed earners60

1

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

2

“Earnings” does not include—

a

where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;

b

any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

i

under section 22C(2), (3), (5) or (6)(a) or (b) of the Children Act 1989 (provision of accommodation and maintenance for a child whom the local authority is looking after) M1;

ii

by a local authority under section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority) M2; or

iii

by a local authority under regulation 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances) M3; or

iv

by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations) M4;

c

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

i

the National Health Service Commissioning Board M5;

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 M6;

v

a clinical commissioning group established under section 14D of the Health Service Act M7; or

vi

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

d

any sports award.

3

In this regulation, “board and lodging accommodation” means—

a

accommodation provided to a person or, if they are a member of a family, to them or any other member of their family, for a charge which is inclusive of—

i

the provision of that accommodation; and

ii

at least some cooked or prepared meals which are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of their family) and consumed in that accommodation or associated premises; or

b

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of theirs or of any other member of their family, or other than on a commercial basis.