The Employment and Support Allowance Regulations 2013

Modification in the calculation of income E+W+S

100.  For the purposes of regulation 98 (entitlement for less than a week – amount of an employment and support allowance payable), a claimant's income is to be calculated in accordance with regulations 76 to 84 subject to the following changes—

(a) any income which is due to be paid in the relevant week is to be treated as paid on the first day of that week;

(b) any widow's benefit, training allowance, widowed parent's allowance, [F1 bereavement support payment under section 30 of the Pensions Act 2014], carer's allowance and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (unemployability supplement) which is payable in the relevant week but not in respect of any day in the part-week is to be disregarded;

(c) where the part-week occurs at the end of the claim—

(i) any income; or

(ii) any change in the amount of income of the same kind,

which is first payable within the relevant week but not on any day in the part-week is to be disregarded;

(d) where only part of the weekly balance of income is taken into account in the relevant week, the balance is to be disregarded.

Textual Amendments

F1 Words in reg. 100(b) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 44