HC Deb 28 February 2003 vol 400 c755W
Helen Jones

To ask the Secretary of State for Work and Pensions what steps he is taking to decide the employment status of term-time workers; whether he intends to ensure that term-time workers are eligible for Job Seekers' Allowance during unpaid holidays; and whether the actual annual salary of a term-time worker will be the basis for calculating his or her hourly rate for minimum wage purposes. [97655]

Mr. Nicholas Brown

Jobseeker's Allowance is paid to support people who are out of work and actively seeking employment. People who are in remunerative work, i.e. averaging 16 hours or more per week, are not entitled to Jobseeker's Allowance.

For term-time workers the average number of hours they work is calculated over the whole academic year, including the school holidays. If this average is less than 16 hours a week then they may be entitled to Jobseeker's Allowance. This calculation would apply if an application was made during term-time or during the vacation period. We have no plans to change the rules on remunerative work.

The National Minimum Wage has to be paid for every hour worked, averaged over the pay reference period, to most people who work in the UK. The calculation to determine if a person is receiving the National Minimum Wage depends on whether the worker is a time worker or a salaried-hours worker.

If the term-time worker is paid a set amount at regular periods (i.e weekly or monthly) throughout the year regardless of whether they have actually worked during that period then they are a salaried worker. For salaried work, the contract between the employer and the worker must set out a basic number of hours for which the worker must be paid at least the minimum wage. If the salaried worker works any hours in excess of their contract, then the National Minimum Wage will also apply to those additional hours.