The Social Security Benefit (Computation of Earnings) Amendment Regulations 1989

• Citation: S.I. 1989/2123
• Sections: 2

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Benefit (Computation of Earnings) Amendment Regulations 1989 and shall come into force on 10th December 1989.

(2) In these Regulations, “the Computation of Earnings Regulations ” means the Social Security Benefit (Computation of Earnings) Regulations 1978 .

Section 2 Amendment of regulation 3 of the Computation of Earnings Regulations

(1) Regulation 3 of the Computation of Earnings Regulations (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)–

(a) for the words “For the purposes of regulation 7(1)(g)(i)” there shall be substituted the words “For the purposes of regulation 7(1)(g)(i) and 7(1)(o) ”, and

(b) after the words “if earnings for that day exceed £2”, (and within the bracket) there shall be added the words “or if it falls in a week in which total earnings equal or exceed the lower earnings limit”.

(3) After paragraph (4) there shall be added the following paragraphs–

(5) For the purposes of regulation 7(1)(o) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (days not to be treated as days of unemployment or incapacity for work), earnings shall not be taken into account where they are paid in respect of a day which falls–

(a) before the day in respect of which a claim for unemployment benefit is made; and none of the six days preceding the first day of the period specified in head (i) of that regulation is a day of unemployment; or

(b) after the day in respect of which a claim is made; and all the six days preceding the day in respect of which the claim is made are days of unemployment.

(6) In paragraph (5) above–

(a) “a day of unemployment” shall be construed in accordance with section 17 of the Act; and

(b) six days shall be calculated without reference to Sunday or the day substituted for it by regulation 4 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983.