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 that employment which terminated before the first day of entitlement to an income-related allowance;
(b)any earnings, other than a payment of the nature described in [F1sub-paragraph (2)(a) or (b)(ii)] , paid or due to be paid from that employment which has not been terminated where the claimant is not—
(i)engaged in remunerative work, or
(ii)suspended from employment.
(2) This sub-paragraph applies to—
[F2(a)any payment of the nature described in—
(i)regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e)) (earnings of employed earners), 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 95(1)(g), (i) or (l) (in so far as it relates to regulation 95(1)(g) or (i)), or
(ii)Article 66 or 102 of the Employment Rights Order (guarantee payments and suspension from work: complaints to employment tribunals),
including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.
Textual Amendments
F1Words in Sch. 7 para. 1(1)(b) substituted (coming into force in accordance with reg. 1(2)(d) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), reg. 8(17)(a)
F2Sch. 7 para. 1(2)(a) substituted (coming into force in accordance with reg. 1(2)(d) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), reg. 8(17)(b)
Commencement Information
I1Sch. 7 para. 1 in operation at 27.10.2008, see reg. 1(1)