Earnings of employed earners: pensioners
12.—(1) Subject to sub-paragraph (2), “earnings”, in the case of employment as an employed earner who is a pensioner, means any remuneration or profit derived from that employment and includes—
(a)any bonus or commission;
(b)any payment in lieu of remuneration except any periodic sum paid to an applicant on account of the termination of that applicant’s employment by reason of redundancy;
(c)any payment in lieu of notice;
(d)any holiday pay;
(e)any payment by way of a retainer;
(f)any payment made by the applicant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the applicant’s employer in respect of—
(i)travelling expenses incurred by the applicant between the applicant’s home and place of employment;
(ii)expenses incurred by the applicant under arrangements made for the care of a member of the applicant’s family owing to the applicant’s absence from home;
(g)the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001(1);
(h)statutory sick pay and statutory maternity pay payable by the employer under the SSCBA;
(i)statutory paternity pay payable under Part 12ZA of the SSCBA;
(j)statutory adoption pay payable under Part 12ZB of the SSCBA;
(k)any sums payable under a contract of service—
(i)for incapacity for work due to sickness or injury; or
(ii)by reason of pregnancy or confinement.
(2) Earnings does not include—
(a)subject to sub-paragraph (3), any payment in kind;
(b)any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
(c)any occupational pension;
(d)any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme;
(e)any payment of compensation made pursuant to an award by an employment tribunal established under the Employment Tribunals Act 1996(2) in respect of unfair dismissal or unlawful discrimination;
(f)any payment in respect of expenses arising out of the applicant’s participation in a service user group.
(3) Paragraph (2)(a) does not apply in respect of any non-cash voucher referred to in paragraph (1)(g).
S.I. 2001/1004.