Social Security Benefit (Computation of Earnings) Regulations 1978

JurisdictionUK Non-devolved
CitationSI 1978/1698

1978 No. 1698

SOCIAL SECURITY

The Social Security Benefit (Computation of Earnings) Regulations 1978

27thNovember 1978

8thDecember 1978

1stJanuary 1979

The Secretary of State for Social Services, in exercise of the powers conferred on him by sections 3(2), 66(3), 82(4), 119(3) and 131 of the Social Security Act 1975(a) and of all other powers enabling him in that behalf and for the purpose only of consolidating the regulations hereby revoked, hereby makes the following regulations, which, by virtue of paragraph 20 of Schedule 15 and paragraph 12 of Schedule 16 to that Act, are not subject to the requirements of sections 139(1) and 141(2) for prior reference to the National Insurance Advisory Committee or the Industrial Injuries Advisory Council:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security Benefit (Computation of Earnings) Regulations 1978 and shall come into operation on 1st January 1979.

(2) In these regulations, unless the context otherwise requires:—

"the Act" means the Social Security Act 1975;

"earnings" means earnings derived from a gainful employment;

"employer" includes any person making a payment which is, or which falls to be, taken into account in the calculation or estimation of, another's earnings;

"the determining authority" means, as the case may require, a Commissioner, a local tribunal or an insurance officer;

"gainful employment" means employment as an employed earner or a self-employed earner and any employment which would be such employment if it were in Great Britain, and includes any such employment which, in accordance with the provisions of the Act and of any regulations made under the Act, is to be disregarded in relation to liability for contributions;

"regulation 10(4) of the Dependency Regulations" for the purposes of regulations 3(1)(b), 5(2) and 7 below means regulation 10(4) of the Social Security Benefit (Dependency) Regulations 1977(b) in so far as that regulation relates to a female person who is residing with a beneficiary entitled to unemployability supplement;

(a) 1975 c. 14.

(b) S.I. 1977/343.

"specified benefit" for the purposes of regulations 5(1)(a), 6(1) and (2) and 7 below means invalidity pension, or non-contributory invalidity pension or, as the case may be, unemployability supplement;

and other expressions have the same meanings as in the Act.

(3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

(4) The regulations shall be construed and shall operate as they would fall to be construed and to operate by virtue of section 23(1) of the Interpretation Act 1978(a) if they were made after the commencement of that Act.

Calculation and estimation of amount of earnings

2.—(1) For the purposes of any provision of the Act and of any regulations made thereunder which relates to benefit under the Act, the amount of a person's earnings for any period shall be calculated or estimated in the manner set out in these regulations.

(2) The amount of a person's earnings for any period to be taken into account shall be the whole of his earnings for that period except in so far as regulations 3 and 4 below provide that no account shall be taken of certain payments or perquisites and that certain payments shall be deducted.

(3) Except in relation to earnings which fall to be calculated in accordance with regulation 5 or regulation 7 below, if a person has earnings which do not consist of salary, wages, fees or other payments related to a fixed period or if his earnings from any employment for any period are not immediately ascertainable, the determining authority shall calculate or estimate the amount of those earnings, for any day or week on or in which that person is following the employment from which they are derived, as best it may having regard to the information (if any) available to it and to what appear to it to be the probabilities of the case.

Payments to be disregarded

3.—(1) Except...

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