Can anyone tell me if you can use the normal averaging earnings rules with permitted work or is the £78 an absolute weekly limit? I can't find anything to say you can't use the averaging earnings but would like to have it confirmed.

CPAG Welfare Benefits and Tax Credit handbook page 925-926 says yes you can.

And the reason it says that is that:

Reg 3 of Computation of Earnings Regs 1996 says: "for the purposes of Parts II to V (other than those of Schedule 8)of the Contributions and Benefits Act and of any regulations made thereunder which relate to benefit under those Parts of that Act or regulations, the earnings of a claimant shall be calculated by determining in accordance with these Regulations the weekly amount of his earnings." Invalid Care Allowance (now CA) is governed by Section 70, found in Part III of the Act and although strangely the footnote in Bonner for reg 3 doesn't list it as a relevant benefitI can see no reason that it it isn't. (Schedule 8 relates to 'Industrial injuries and diseases (Old Cases)')

The rules for dealing with fluctuating earnings, as I'm sure you know are to be found in Reg. 8 (3) of Computation of Earnings regs. QED!

Strange the people you meet in here... I'll let you know what my reward is later!

Paul.

Ignore references to ICA/CA in posting above, I was away with Fairies, but same argument applies as IB is a Part II benefit.

Paul.

2 postings....2 rewards!!