Employed Earners (Info)
Employed earners must normally be employed and paid, or due to be paid, for
- At least 16 hours a week if they are responsible for a child or young person, or have a disability which puts them at a disadvantage in getting a job
Or
- 30 hours a week or more and be aged 25 years or over
Although the hours a person is employed must come within the terms of their contract of employment, the number of hours worked may differ from those originally laid down.
The claimant should decide the number of hours worked based on their usual typical hours. In many jobs starting and finishing times will be easily identified. However, in others it may be impossible to stop work at a specific time. In these cases the claimant should advise you of the actual hours worked. You should accept that it is necessary to work extra hours other than those laid down by the contract with the employer.
In calculating the number of hours which a person normally undertakes in their remunerative work include
- Time allowed for meal or refreshment breaks
Or
- Visits to a hospital, clinic or other establishment for the purpose of treating / monitoring the person’s disability
Note: The person must be being paid for this time or expects to be paid for this time or, the time is necessary in order to complete their work
Examples
- A woman's original contract of employment requires her to work 12 hours a week. She actually works an average of 17 hours a week, for which she is paid by the employer. The work is remunerative work because the employer paid for the extra 5 hours
- A man's original contract of employment requires him to work 18 hours a week. He actually works and is paid for 15 hours a week. These are now his normal weekly hours. The work is not remunerative work because the employer pays the person for 15 hours a week. The original contract of employment is not relevant
- A woman's contract of employment states that she works 13.5 hours a week and is paid for three lunch breaks of an hour each. The work is remunerative work because the person is paid for 16.5 hours each week under her contract of employment
Evidence Of Hours Worked
A statement provided by the claimant or the employer stating that a person works for 16 hours a week or more, or 30 hours a week or more (whichever is appropriate) should be accepted.
