The Tax Credits (Definition and Calculation of Income) Regulations 2002

Claimants providing services to other persons for less than full earnings

17.—(1) If a claimant provides a service for another person and—

(a) the other person makes no payment of earnings or pays less than those paid for a comparable employment (including self-employment) in the area; and

(b) the Board are satisfied that the means of the other person are sufficient for him to pay for, or to pay more for, the service,

the claimant is to be treated as having such an amount of employment income, or in the case of a service provided in the course of a trade or business, such an amount of trading income as is reasonable for the employment of the claimant to provide the service.

• This is subject to the following qualification.

(2) Paragraph (1) does not apply where—

(a) the claimant is a volunteer or is engaged to provide the service by a charitable or voluntary organisation and the Board are satisfied that it is reasonable for the claimant to provide the service free of charge; or

(b) the service is provided in connection with the claimant’s participation in an employment or training programme—

(i) in Great Britain in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996 other than where it is provided in connection with the claimant’s participation in the Intensive Activity period specified in regulation 75(1)(a)(iv) of those Regulations; or

(ii) in Northern Ireland in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) other than where it is provided in connection with the claimant’s participation in the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations(2).

(1)

S.R. 1996 No. 198.

(2)

Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and paragraph (1)(a)(v) inserted by regulation 5(a) of S.R. 2001 No. 151.