PART 6Assessment of household income and capital
CHAPTER 2Calculation of weekly income
Average weekly employed earnings39.
(1)
For the purpose of regulation 38(2)(a), where an applicant’s income consists of employed earnings, the applicant’s average weekly earnings are to be estimated by reference to the earnings from that employment—
(a)
over a period immediately preceding the reduction week in which the application is made or treated as made and being a period of—
(i)
5 weeks, if the applicant is paid weekly, or
(ii)
2 months, if the applicant is paid monthly, or
(b)
whether or not sub-paragraph (a)(i) or (ii) applies, where an applicant’s earnings fluctuate, over such other period preceding the reduction week in which the application is made or treated as made as may, in any particular case, enable the applicant’s average weekly earnings to be estimated more accurately.
(2)
Where the applicant has been in that employment for less than the period specified in paragraph (1)(a)(i) or (ii)—
(a)
in a case where the applicant has received earnings for the period that the applicant has been in that employment and those earnings are likely to represent the average weekly earnings from that employment, the applicant’s average weekly earnings are to be estimated by reference to those earnings,
(b)
in any other case, the relevant authority must require the applicant’s employer to furnish an estimate of the applicant’s likely weekly earnings over such period as the relevant authority may require and the applicant’s average weekly earnings are to be estimated by reference to that estimate.
(3)
Where the amount of an applicant’s earnings changes during a period of entitlement to council tax reduction, average weekly earnings are to be estimated by reference to the applicant’s likely earnings from the employment over a period that is appropriate to allow the average weekly earnings to be estimated accurately but the length of the period is not in any case to exceed 52 weeks.
(4)
For the purposes of this regulation the applicant’s employed earnings are to be calculated in accordance with Chapter 3 of this Part.