Entitlement to 16hrs disregard

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  • #39097
    Anonymous
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    Could anyone please help with a query? I have a school cleaner who works 16hrs per week but only gets paid for 14hrs (per her payslip). She only gets paid 14hrs as come the school holidays when she is not working she still gets paid, i.e. 52weeks per year she gets paid 14hrs.

    My query is, should we be applying the 16hr disregard as she does work 16hrs, or not because she only gets paid 14hrs and we apportion earned income for the period it is paid.

    If we allow her the 16hrs disregard, then another question is come the school holidays should she still be entitled to this disregard?

    Thanks in advance for your response

    #110839
    Anonymous
    Guest

    HB reg 6:
    (1) Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

    (2) Subject to paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—
    (a) if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
    (b) in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person´s weekly average hours of work to be determined more accurately.

    (3) Where, for the purposes of paragraph (2)(a), a person´s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

    So you calculate the hours based on a normal working week and ignore any school holidays.

    I imagine your claimant is employed all year ’round. In that case she should continue to be treated as a worker over the holidays. If she was only employed for one academic year at a time with no guarantee of re-employment the next September, she would not be a worker during the hols.

    This thread is quite useful:

    Term Time Workers

    #110847
    Anonymous
    Guest

    Thanks mwigg1, you’ve answered my query.

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