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—E+W+S
(a)any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the employment which was terminated before the first day of entitlement to a jobseeker's allowance;
(b)any earnings, other than a payment of the nature described in sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from the employment which has not been terminated where the claimant is not—
(i)engaged in remunerative work; or
(ii)suspended from their employment.
(2) This sub-paragraph applies to—
(a)any payment of the nature described in—
(i)regulation 58(1)(d); or
(ii)section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
(b)any award, sum or payment of the nature described in—
(i)regulation 58(1)(f) or (h); or
(ii)section 34 or 70 of the Employment Rights Act 1996 (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.