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
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
dmg-vol9-chapter48.DOCX