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HMRC internal manual

National Minimum Wage Manual

Specific occupations & special groups: therapeutic workers

National minimum wage legislation applies in the normal way to people doing therapeutic or permitted work. Therapeutic or permitted work is sometimes undertaken by disabled people (NMWM06100).

Whether a person performing “therapeutic work” or permitted work is entitled to the national minimum wage depends on whether or not they are a “worker”. (NMWM05020) .If it is not clear whether the individual is a worker then it is necessary to establish their status (NMWM04000) for minimum wage purposes. An individual’s productivity or ability is irrelevant in determining whether a contract exists.

Some people undertake therapeutic or permitted work under a contract of employment (NMWM04050). In these circumstances, the individual will certainly be a worker.