Amendment of the Employment and Support Allowance Regulations 20084
1
The Employment and Support Allowance Regulations 200819 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “First-tier tribunal ” insert—
“first year of training” means a period of one year beginning with a person’s first day of training.
3
For regulation 91(4A) (calculation of earnings derived from employed earner’s employment and income other than earnings)20 substitute —
4A
a
This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—
i
in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
ii
in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
b
Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
i
in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
ii
in any other case, over a period which is equal to the duration of the training period.
c
This is the table referred to in sub-paragraph (b)(i)—
Column 1
Period of training in days
Column 2
Period of time over which earnings are to be taken into account in days
8 to 10
7
15 to 17
14
22 to 24
21
29 to 31
28
36 to 38
35
43
42
4
In Schedule 7 (sums to be disregarded in the calculation of earnings)21—
a
in paragraph 11A—
i
in sub-paragraph (2), omit the words “territorial or”; and
ii
at the end of sub-paragraph (2), omit the full stop and insert—
or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
b
in paragraph 12(a), omit the words “territorial or”.
5
In regulation 43(1)(e)(vi), omit the words “territorial or”.