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HMRC internal manual

National Minimum Wage Manual

From
HM Revenue & Customs
Updated
, see all updates

History of national minimum wage and overview of legislation: the National Minimum Wage Regulations 1999 and the National Minimum Wage Regulations 2015

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015
  • National Minimum Wage Regulations 1999

National Minimum Wage Regulations 1999

The original National Minimum Wage Regulations were laid by the Secretary of State for the then Department of Trade and Industry (NMWM02020). The draft National Minimum Wage Regulations were given wide public consultation between September and November 1998. The Government also took advice from the newly formed Low Pay Commission (NMWM02010).

The Regulations received parliamentary approval in March 1999 and came into force on 1 April 1999.

National Minimum Wage Regulations 2015

On 6 April 2015, the National Minimum Wage Regulations 2015 (“the 2015 Regulations”) came into force. They:

  • remake the National Minimum Wage Regulations 1999 (“the 1999 Regulations”), and bring together the numerous changes made to those Regulations since April 1999
  • do not change any of the rules or the policy behind them.

NMW Compliance Officers sometimes refer to legislation in correspondence with customers. As the 1999 Regulations have been revoked from 6 April 2015, any such reference should be to the 2015 Regulations even if referring to a pay reference period which ends before that date. .

The regulations:

  • Define the different types of work (NMWM07000)
  • Establish the pay reference period (NMWM09010)
  • Set the rates of national minimum wage (NMWM03010)
  • Establish the method to determine whether national minimum wage has been paid (NMWM09040)
  • Set out who does not qualify for the national minimum wage (NMWM05000)
  • Exempt workers who are still of compulsory school age (NMWM03070) (NMWM05010)
  • Determine what does and does not count as pay (NMWM09000)
  • Determine payments and deductions which are/are not to be subtracted from pay (NMWM11000) and the amount to be taken into consideration when accommodation is provided (NMWM10000)
  • Establish what is and is not regarded as working time and determine the hours worked in a pay reference period for the different types of work
  • Set out the conditions for a “rated output work” system for output work and “daily average agreements” for unmeasured work
  • Advise employers about the records that need to be kept to show they are compliant.