Statutory Rules commonly referred to in Chapter 48 Short Description Full Title Abbreviation Decisions and Appeals Regulations The Social Security and Child Support (Decisions and Appeals) Regulations () 1999 No. 162 SS & CS (D&A) Regs (NI) Employment & Support Allowance Regulations The Employment and Support Allowance Regulations () 2008 No. 280 ESA Regs (NI)
Benefit week ending 20 April - £50.22 Benefit week ending 27 April- £50.22 The next payment of Statutory Sick Pay would be due to be paid on 30 April (treated as paid on 28 April), and the weekly amount would be taken into account for the period from benefit week ending 4 May to benefit week ending 25 May. Employer’s pay arrangements Where an employer has specific pay arrangements, which means employees are paid at specific intervals, such as monthly, a payment should be taken into account for a period equal to the pay interval1. But see DMG Chapter 49 if the payment is made because the employment has ended. Note : Earnings from holiday pay and compensation payments (see DMG Chapter 49), which are made for part of a day should be taken into account for a day2. 1 R(IS) 10/95; 2 ESA Regs (NI), reg 91(7) Example A supply teacher is paid on the 16th of month for all the work she has done in the previous month. On 16 October she is paid for the four days she worked during September. The decision maker takes the payment into account for one month. Reservists 48073 Earnings which a claimant has derived from being a member of a reserve force 1. in respect of a period of annual continuous training for a maximum for 15 days in any calendar year or 2. in respect of their first year of training for a maximum of 43 days in a year which begins with their first day of training1 are treated in accordance with DMG 48074. Appendix 1 to DMG Chapter 49 lists the reserve forces. 1 ESA Regs (NI), reg 91(3A) earnings, whether paid to the claimant alone or together with other earnings derived from the same source, have to be taken into account 1. in accordance with table1 where this is applicable or 2. in any other case, over a period equal to the number of days of the training period2.
bakery but did not qualify for Statutory Sick Pay. Three weeks after he claims Employment and Support Allowance the bakery pays Terry a one-off bonus of £150. The period for which the payment was made is not identifiable. Terry would be entitled to income-related Employment and Support Allowance of £70 a week without the payment. The £150 payment is divided by £70. The decision maker determines the claimant's income is £70 a week for a period of 2 1/7 weeks (two weeks and one day). Different kinds of earnings received for overlapping periods 48077 If different kinds of earnings are received from the same source, and the periods over which the earnings would be taken into account overlap, the earnings should be taken into account 1. for the total of the periods which apply to each of the different kinds of earnings and 2. from the earliest date on which any of those earnings would be treated as paid under DMG 48048 et seq1 and 3. in the following order2 3.1 normal earnings including wages held in hand 3.2 pay-in-lieu of notice or remuneration 3.3 payment of compensation in respect of part-time employment 3.4 holiday pay received within four weeks of the date employment ended. Note : Pay in lieu of remuneration is paid in place of a person's normal wages or salary. 1 ESA Regs (NI), reg 91(4); 2 reg 91(5) Example The claimant is paid income-related Employment and Support Allowance in arrears and her benefit week ends on a Wednesday. Her husband's part-time employment is terminated without notice on 23 August, which is after the date of claim. He receives his normal week's earnings, 1 week in hand, 4 days holiday pay and 2 weeks in lieu of notice on 23 August. The decision maker determines that the periods over which the earnings would be taken into account overlap. The earnings are treated as paid on Thursday 22 August, and taken into account as follows for a total of 4 weeks and 4 days