PART 6

Assessment of household income and capital
CHAPTER 3

Earned income

Calculation of earned income in an assessment period
47
1
The calculation of an applicant’s earned income in respect of an assessment period is, unless otherwise provided in this Chapter, to be based on the actual amounts received in that period.
2
Where—
a
an applicant has made a claim for universal credit,
b
the Secretary of State has made a determination, whether or not based on an estimate of the amounts received or expected to be received by the applicant in an assessment period in accordance with regulation 54(2) of the 2013 Regulations, and
c
the Secretary of State has shared relevant information relating to the applicant’s earned income with the relevant authority in accordance with section 131 of the 2012 Act ,
the relevant authority may use such parts of that information as are relevant for the purposes of calculating an applicant’s earned income in an assessment period.
3
An applicant who has had employed earnings and has withdrawn their labour in furtherance of a trade dispute is, unless their contract of service has been terminated, to be assumed to have employed earnings at the same level as they would have had were it not for the trade dispute.
4
In this regulation, “
trade dispute
” has the meaning given in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Section 131 was amended by section 4 of the Wales Act 2014 (c.29) and section 20 of the Welfare Reform and Work Act 2016 (c.7).
Reg. 47(4) inserted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 12
Reg. 47 in force at 1.4.2022, see reg. 1