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1.—(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—
(a)any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the employment which was terminated before the first day of entitlement to a jobseeker’s allowance;
(b)any earnings, other than a payment of the nature described in sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from the employment which has not been terminated where the claimant is not—
(i)engaged in remunerative work; or
(ii)suspended from their employment.
(2) This sub-paragraph applies to—
(a)any payment of the nature described in—
(i)regulation 58(1)(d); or
(ii)section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
(b)any award, sum or payment of the nature described in—
(i)regulation 58(1)(f) or (h); or
(ii)section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),
including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.
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