The National Minimum Wage Regulations 1999

General interpretative provisions

2.—(1) In these Regulations–

“the Act” means the National Minimum Wage Act 1998.

“allowance”, other than in regulation 8(b), means any payment paid by the employer to a worker attributable to a particular aspect of his working arrangements or to his working or personal circumstances that is not consolidated into his standard pay, but does not include an allowance designed to refund a worker in respect of expenses incurred by him in connection with his employment;

“arrangements made by the Government” means–

“employer” has the meaning given to it by section 54(4) of the Act but, in relation to a worker (as defined in section 54(3) of the Act), includes in addition, except in paragraph (6) of regulation 12–

“performance bonus” means a performance bonus or other merit payment attributable to the quality or amount of work done in the course of more than one pay reference period, and not therefore payable directly in respect of work done in specific hours;

“the total of reductions” means the total of reductions determined in accordance with regulations 31 to 37;

“the total of remuneration” means the total of money payments determined in accordance with regulation 30;

“pay reference period” has the meaning assigned to it by regulation 10;

“worker” has the same meaning as in section 54(3) of the Act but, except in paragraph (6) of regulation 12, includes in addition–

(2) In these Regulations “work” does not include work (of whatever description) relating to the employer’s family household done by a worker where the conditions in sub-paragraphs (a) or (b) are satisfied.

(a)The conditions to be satisfied under this sub-paragraph are–

(i)that the worker resides in the family home of the employer for whom he works,

(ii)that the worker is not a member of that family, but is treated as such, in particular as regards to the provision of accommodation and meals and the sharing of tasks and leisure activities;

(iii)that the worker is neither liable to any deduction, nor to make any payment to the employer, or any other person, in respect of the provision of the living accommodation or meals; and

(iv)that, had the work been done by a member of the employer’s family, it would not be treated as being performed under a worker’s contract or as being work because the conditions in sub-paragraph (b) would be satisfied.

(b)The conditions to be satisfied under this sub-paragraph are–

(i)that the worker is a member of the employer’s family,

(ii)that the worker resides in the family home of the employer,

(iii)that the worker shares in the tasks and activities of the family,

and that the work is done in that context.

(3) In these Regulations “work” does not include work (of whatever description) relating to an employer’s family business, done by a worker who satisfies the conditions in paragraph (4).

(4) The conditions to be satisfied under this paragraph are–

(i)that the worker is a member of the employer’s family,

(ii)that the worker resides in the family home of the employer,

(iii)that the worker participates in the running of the family business,

and that the work is done in that context.