The Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015
Jurisdiction | UK Non-devolved |
Citation | SI 2015/345 |
Year | 2015 |
- (1) This regulation applies in relation to a claim for universal credit where—
- (a) the claimant, or either of joint claimants, had an award of universal credit (the “old award”) that terminated within the 6 months ending on the first day in respect of which the claim is made;
- (b) the claimant has not, or neither of joint claimants has, been entitled to universal credit since the old award terminated; and
- (c) the total earned income in the month that would have been the final assessment period for the old award, had it not terminated, exceeded the relevant threshold.
- “total earned income” is the earned income of the claimant or, if the claimant is a member of a couple, the couple's combined earned income, but does not include any amount a claimant would be treated as having by virtue of regulation 62 (the minimum income floor) ;
- “the nil UC threshold” is the amount of total earned income above which there would be no entitlement to universal credit, expressed by the following formula—
- (2) A person’s self-employed earnings in respect of an assessment period are to be calculated as follows. Step 1
- Calculate the amount of the person’s profit or loss in respect of each trade, profession or vocation carried on by the person by—
- (a) taking the actual receipts in that assessment period; and
- (b) deducting any amounts allowed as expenses under regulation 58 or 59.
- Where a trade, profession or vocation is carried on in a partnership, take the amount of the profit or loss attributable to the person’s share in the partnership.
- If the person has carried on more than one trade, profession or vocation in the assessment period, add together the amounts resulting from step 1 in respect of each trade, profession or vocation.
- Deduct from the amount resulting from step 1 or (if applicable) step 2 any payment made by the person to HMRC in the assessment period F4by way of national insurance contributions or income tax in respect of any trade, profession or vocation carried on by the person.
- If the amount resulting from steps 1 to 3 is nil or a negative amount, the amount of the person’s self-employed earnings in respect of the assessment period is nil (and ignore the following steps) .
- If the amount resulting from step 3 is greater than nil, deduct from that amount any relievable pension contributions made by the person in the assessment period (unless a deduction has been made in respect of those contributions in calculating the person’s employed earnings) .
- If the amount resulting from this step is nil or a negative amount, the person’s self-employed earnings in respect of the assessment period are nil (and ignore the following step) .
- If the amount resulting from step 4 is greater than nil, deduct from that amount any unused losses (see regulation 57A) , taking the oldest first.
- If...
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