Amendment of the Employment and Support Allowance Regulations 2008
4.—(1) The Employment and Support Allowance Regulations 2008(1) 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)(2) 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)(3)—
(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.”; and
(b)in paragraph 12(a), omit the words “territorial or”.
(5) In regulation 43(1)(e)(vi), omit the words “territorial or”.
S.I. 2008/794. Paragraph 11A was inserted by S.I. 2012/2575.
Regulation 91(4A) was inserted by S.I. 2012/2575.
Paragraph 11A of Schedule 7 was inserted by S.I. 2012/2575. There are other amendments to Schedule 7 not relevant to these Regulations.