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;
F3ia
under section 81(2), (3), (5) or (6)(a) or (b) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained);
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;
vi
a Local Health Board established by an order made under section 11 of the Health Service (Wales) Act; F4...
F2vii
the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);F5or
viii
the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet needs for care and support of an adult);
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.