The Social Security Benefit (Computation of Earnings) Regulations 1996

Regulations 10(2) and 13(2)

SCHEDULE 1 SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 2 or 3 refers.

2.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

(a) £4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

(b) a further £9.25, where the aggregate of any such payments is inclusive of an amount for heating.

3.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

(b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

4.  Except in the case of a claimant who is absent from Great Britain and not disqualified for receiving any benefit, pension, allowance or supplement, by virtue of the Social Security Benefit (Persons Abroad) Regulations 1975(1)—

(a) any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings;

(b) where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

5.  Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

6.  Any payment made by a local authority to the claimant with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989(2) (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, section 21 of the Social Work (Scotland) Act 1968(3) or by a voluntary organisation under section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations) or by a care authority under regulation 9 of the Boarding-out and Fostering of Children (Scotland) Regulations 1985(4) (provision of accommodation and maintenance for children in care).

7.  Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

8.  In respect of regulation 16 of the Social Security (General Benefit) Regulations 1982(5) any earnings not earned during the period of the award.

9.  Any bounty paid at intervals of at least one year and derived from employments as—

(a) a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959(6)

(b) an auxiliary coastguard in respect of coast rescue activities;

(c) a person engaged part-time in the manning or launching of a lifeboat;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979(7).

10.  Any amount by way of refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E.

11.  In the case of employment as an employed earner, any advance of earnings or any loan made by the claimant’s employer.

(1)

1989 c. 41.

(2)

1968 c. 49.

(3)

1985/1799.

(4)

S.I. 1982/1408; the relevant amending instrument is S.I. 1996/670.

(5)

1947 c. 41; 1951 c. 27; 1959 c. 44.

(6)

S.I. 1979/591; relevant amending instruments are S.I. 1980/1975 and 1994/1553.

(7)

Section 143(3)(c)(i)–(iii) came into force on 1.4.93 under the Social Security (Consequential Provisions) Act 1992 (c. 6) section 6, Schedule 4, paragraph 5 by virtue of the Schedule to S.I.1992/2975 (C.91) to have effect until a day appointed under the Social Security (Consequential Provisions) Act 1992 (c. 6) section 6, Schedule 4, paragraph 1.