1.—(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged—N.I.
(a)any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the employment which was terminated before the first day of entitlement to a jobseeker's allowance;
(b)any earnings, other than a payment of the nature described in sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from the employment which has not been terminated where the claimant is not—
(i)engaged in remunerative work; or
(ii)suspended from their employment.
(2) This sub-paragraph applies to—
(a)any payment of the nature described in—
(i)regulation 58(1)(d); or
(ii)Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
(b)any award, sum or payment of the nature described in—
(i)regulation 58(1)(f) or (h); or
(ii)Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),
including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings.