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The Social Security Benefit (Computation of Earnings) Regulations 1996

Type Statutory-Instrument
Publication 1996-10-28
Last updated 2025-04-06
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
51

Section 80 was amended by section 2(4) of the Social Security (Incapacity for Work) Act 1994 (c.18), the Jobseekers Act 1995 (c.18) Schedule 3 and article 8 of S.I.1996/599. Section 82 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18), Schedule 1, paragraph 19 and the Jobseekers Act 1995 (c.18), Schedule 2, paragraph 24 and Schedule 3. Section 86A was inserted by section 2(5) of the Social Security (Incapacity for Work) Act 1994 (c.18). Section 89 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18), Schedule 1, paragraph 26.

53

Part XIIA was inserted by sections 5 and 6(1) of the Social Security (Incapacity for Work) Act 1994 (c.18).

54

Section 8(1) was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 33.

56

Section 82(2) was substituted by the Jobseekers Act 1995 (c.18), section 41, Schedule 2, paragraph 24.

57

S.I. 1977/343, amended by the Social Security Act 1986 (c.50), section 37(2), S.I. 1987/355 and 1988/554.

58

Section 83 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18), Schedule 1, paragraph 20 and Schedule 2.

59

Section 84 was substituted by the Jobseekers Act 1995, Schedule 2, paragraph 25.

60

Sections 83 and 84 are to be replaced by section 83A by virtue of the Pensions Act 1995 (c.26), Schedule 4, paragraph 2(1) from 6th April 2010.

63

Section 70 was amended by S.I. 1994/2556.

64

1973 c.50; section 2 was amended by section 25(1) of the Employment Act 1988 (c.19), by Part I of Schedule 7 to the Employment Act 1989 (c.38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).

65

1990 c.35; section 2(3) was amended by the Trade Union Reform and Employment Rights Act 1993 (c.19), section 47(4)(a) and Schedule 10.

66

1988 c.1; sections 257 to 257F were substituted for section 257 by section 33 of the Finance Act 1988 (c.39); section 259 was amended by sections 30 and 35 of the Finance Act 1988, section 20 of the Finance (No. 2) Act 1992 (c.48), and section 77 and Schedule 8, paragraph 6 of the Finance Act 1994 (c.9).

68

S.I. 1975/563; relevant amending instruments are S.I. 1979/1432, 1988/435, 1989/1642, 1990/621 and 1992/1700.

71

1985/1799.

72

S.I. 1982/1408; the relevant amending instrument is S.I. 1996/670.

74

S.I. 1979/591; relevant amending instruments are S.I. 1980/1975 and 1994/1553.

75

Section 143(3)(c)(i)–(iii) came into force on 1.4.93 under the Social Security (Consequential Provisions) Act 1992 (c.6) section 6, Schedule 4, paragraph 5 by virtue of the Schedule to S.I.1992/2975 (C.91) to have effect until a day appointed under the Social Security (Consequential Provisions) Act 1992 (c.6) section 6, Schedule 4, paragraph 1.

77

Regulation 21A was inserted by S.I. 1994/1924 regulation 5; relevant amending instruments are S.I. 1995/560 and 1995/626.

78

Section 30A was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 1(1). Sections 40 and 41 were substituted by paragraphs 8 and 9 respectively of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c.18). Section 41 was amended by the Pensions Act 1995 (c.26), Schedule 4, paragraph 21(4).

79

Section 68 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18) section 9(2) and (3), Schedule 1, paragraphs 11(5), 18(2), (3) and (4) and Schedule 2 and S.I. 1994/2556. Subsection (4ZA) was inserted by S.I. 1984/1303 as substituted by S.I. 1991/1747.

80

S.I.1975/555; the relevant amending instrument is S.I. 1992/2595.

84

Section 70 was amended by S.I. 1994/2556.

89

Word in reg. 6(8) substituted (29.11.1999) by S.I. 1999/3178, art. 3(16), Sch. 16

98

Regs. 11-14 modified by S.I. 2002/1792, reg. 17B (as inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(i)) (as amended (5.8.2016) by (S.I. 2016/732), arts. 1(1), 4(2))

107

Words in reg. 12(1) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(3), 2(2)(a)

108

Reg. 12(2) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(3), 2(2)(b)

109

Reg. 13(6)(g) added (with effect in accordance with reg. 1(3) of the amending S.I.) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(3), 2(3)

110

Sch. 1 para. 2(a)(b) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2007 (S.I. 2007/2613), regs. 1(4), 2(4)

125

Words in Sch. 2 para. 8(c)(i) in Sch. 2 para. 8(c) renumbered as Sch. 2 para. 8(c)(i) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(c)(iii)

12

  • (1) Any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the claimant’s employment as an employed earner which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to the benefit, pension or allowance to which the claim relates.
  • (2) This sub-paragraph applies to—
  • (a) any payment by way of occupational or personal pension; and
  • (b) except in a case where the claimant’s employment terminated by reason of retirement at a time when he had attained pensionable age (within the meaning given by rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)—
  • (i) any payment or remuneration of the nature described in regulation 9(1)(e) or (j), and
  • (ii) any award or sum of the nature described in regulation 9(1)(g) or (h) (including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings).
  • (3) Sub-paragraph (1) is subject to the following provisions.
  • (4) Sub-paragraph (1) does not apply in relation to a claim for, or an award of, incapacity benefit (within the meaning given by paragraph 11 of Schedule 4 to the Welfare Reform Act 2007) or severe disablement allowance (also within the meaning given by that paragraph).
  • (5) Sub-paragraph (1) applies in relation to a claim for an increase in benefit under Part IV of the Contributions and Benefits Act (increases in respect of dependants) only in a case where—
  • (a) the spouse or partner or other adult in respect of whom that claim is made was in employment as an employed earner, but
  • (b) that employment ended before the day referred to in sub-paragraph (1).

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