The Jobseeker’s Allowance Regulations (Northern Ireland) 2016

Earnings of self-employed earners

60.—(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) by an authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995 (provision of accommodation and maintenance by an authority for children whom it is looking after)(1), or

(ii) by a voluntary organisation under Article 75(1)(a) of the Children (Northern Ireland) Order 1995 (provision of accommodation by voluntary organisations);

(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) an authority but excluding payments of housing benefit made in respect of the person concerned;

(ii) a voluntary organisation, or

(iii) the person concerned pursuant to Article 36(7) of the Health and Personal Social Services (Northern Ireland) Order 1972(2);

(d) any sports award.

(3) In this regulation—

“an authority” has the same meaning as in Article 2 of the Children (Northern Ireland) Order 1995.

“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.

(1)

S.I. 1995/755 (N.I. 2)

(2)

S.I. 1972/1265 (N.I. 14); Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))