8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (8).
(2) In regulation 91(2)(c) (calculation of earnings derived from employed earner’s employment and income other than earnings) for “income-related” substitute “employment and support”.
(3) In regulation 92 (calculation of earnings of self-employed earners)—
(a)for paragraph (2) substitute—
“(2) Where the claimant’s earnings consist of any items to which paragraph (2A) applies those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of employment and support allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 7 (earnings to be disregarded) as is appropriate in the claimant’s case.”; and
(b)after paragraph (2) insert—
“(2A) This paragraph applies to—
(a)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
(b)any payment in respect of any—
(i)book registered under the Public Lending Right Scheme 1982, or
(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work concerned.”.
F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In regulation 94(1) (calculation of weekly amount of income) for sub-paragraph (b)(iii) substitute—
“(iii)in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7,
(iiia)in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52,”.
(6) In regulation 131(1) (interpretation) for the definition of “contribution” substitute—
““contribution” means—
any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980(1), the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—
the holder of the allowance or bursary,
the holder’s parents,
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, or
the holder’s spouse or civil partner;”.
(7) In regulation 132(2) (calculation of grant income), after sub-paragraph (i) add—
“(j)of higher education bursary for care leavers made under Part III of the Children Act 1989.”.
(8) In Schedule 9 (capital to be disregarded) after paragraph 38 add—
“38A. Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).”.
Textual Amendments
F1Reg. 8(4) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.
Commencement Information
I1Reg. 8(1)(2)(3)(a)(4)-(7) in operation at 6.4.2009, see reg. 1(1)
I2Reg. 8(3)(b)(8) coming into operation in accordance with reg. 1(3)