Citation and commencement

1.–(1) These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2009.

(2) This regulation and regulation 2(1) and (3) shall come into force on 26th October 2009.

(3) Paragraph (2) of regulation 2, in so far as it relates to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 26th October 2009.

Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996

2.–(1) The Social Security Benefit (Computation of Earnings) Regulations 1996(2) are amended as follows.

(2) In regulation 9(3) (earnings of employed earners)–

(a) for paragraph (3) substitute–

""Earnings" shall not include any payment in respect of expenses–

(a) wholly, exclusively and necessarily incurred in the performance of the duties of the employment; or

(b) arising out of the claimant´s participation in a service user group.";

(b) in paragraph (4) at the appropriate places insert the following definitions–

""enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;";

""public authority" includes any person certain of whose functions are functions of a public nature;" and

""service user group" means a group of individuals that is consulted by or on behalf of–

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons..".

(3) In regulation 11 (calculation of earnings of self-employed earners)–

(a) in paragraph (2) for the words "royalties or sums paid periodically for or in respect of any copyright" substitute "any items to which paragraph (2A) applies";

(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 trade mark, or an original contributor to the book or work concerned.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Computation of Earnings) Regulations 1996 (S.I. 1996/2745).

Regulation 1 provides for citation and commencement.

Regulation 2(2) amends regulation 9 so that for employed earners any payment in respect of expenses relating to participation in a service user group is not included as earnings.

Regulation 2(3) amends regulation 11 to add reference to design, patent, and trade mark rights and to payments under the Public Lending Right Scheme and its foreign equivalents.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.