HI all

Im sure someone must of come up with this problem before

so here goes:

I am shortly to start a night job with a sleepin element for which i am paid seperately

I work the hours around the sleepins.... amounting to 14hours in total a week

due to the nature of the Job i will be disturbed and awake some of the time.

My question is because the wages are not high, i am concerned that i will not receive the 16hr element of WTC (Im married)

because on my pay statment it will say something like number of hrs worked per month 56hrs...(not enough to get working Tax Credit) then number of sleepins 16 paid at a flat rate of X£s per sleepin.

So my long winded question is will i get paid WTC (assuming my wages are low enough)...because in reality i am working over 40hrs a week.

though some of it granted will be spent sleeping

any definitive help on this matter would be appreciated as...i may have to decline the Job if i cant get WTC as the wages may be too low.

Thanks in advance for your replys

I don't know for certain, but surely this type of employment would be in contravention of the minimum wage legislation. It looks to me like a deliberate attempt by the employer not only to circumvent the legislation - but to 'drive a coach and horses' through the law.

I don't know for certain, but surely this type of employment would be in contravention of the minimum wage legislation. It looks to me like a deliberate attempt by the employer not only to circumvent the legislation - but to 'drive a coach and horses' through the law.

Thanks for your reply

the wages are way above minimum wage...but because the job is part time the total wages including Hours worked and sleepins come to an amount which is still within the threshold for getting WTC.

so will Tax credits take my total hours ie: hours worked(14 per week) plus 4 sleepins which makes a total of 42 hours a week

surely it is only fair that i receive WTC and I certainly qualify if my sleepins are taken into consideration

my concern is that i wont get WTC if they only take my work hours into consideration ie: 14 a week and not 16 hours as is required to receive WTC

Thanks

I don't know how Tax credit will work out your hours for sleepins, however you only qualify for WTC at 16 hours a week if you are disabled, have children, or are aged over 50 and are returning to work after being on benefits - being married does not qualify you. If you do not fall within one of those categories, the work needs to be over 30 hours a week and you need to be aged over 25. If you give them a ring on 0845 300 3900 they should be able to clarify how they will work out your sleepins.

From ACAS (Advisory, Conciliation and Arbitration Service)

http://www.acas.org.uk/media/pdf/q/4/B09_1.pdf

Zero hours contracts

Zero hours contracts are arrangements where people agree to be available for work as and when required but no particular number of hours or times of work are specified. Zero hours contracts may suit some people who want occasional earnings but they may be misused - for example by employees being asked to clock off during quiet periods while remaining on the premises.

However, under the National Minimum Wage Regulations 1998 workers on "stand-by-time", "on-call time" and "downtime" must be paid the National Minimum Wage provided they are at the place of work and required to be there. Similarly, such time is likely to count as working time under the Working Time Regulations 1998 if the worker is required to be on-call at the place of work.

HMRC Tax Credits - Do I qualify?, What are tax credits

Best regards, Paul.

Thank you all for your replys...the reason i have come on her in the first place is because ...i simply cannot get throught to the tax credit office to call i have been left on there telephone loop for like 15 minuits at a time or until give in through boredom and worrying about my phone bill, i have called about 8 times in the last week and not got to speak to anyone at all, i usually call whilst everyone is at work...you would assume there quiet period...but still no reply

I have tryed there FAQ page etc on website...but no answer to my query

im finding it all cvery tiresome and inneficant of the Tax office not to have a phone line with more staff answering calls...this is the government were talking about !!!

Thank you all for your replys...the reason i have come on her in the first place is because ...i simply cannot get throught to the tax credit office to call i have been left on there telephone loop for like 15 minuits at a time or until give in through boredom and worrying about my phone bill, i have called about 8 times in the last week and not got to speak to anyone at all, i usually call whilst everyone is at work...you would assume there quiet period...but still no reply

 

I have tryed there FAQ page etc on website...but no answer to my query

im finding it all cvery tiresome and inneficant of the Tax office not to have a phone line with more staff answering calls...this is the government were talking about !!!

I share your frustration. We seem to live in an ever increasing automated computer generated society where even the most simple requests for imformation is not fortcoming..

Hello again Adibarum, sorry if I'm being impolite, but I'm interested to hear if you fulfill the eligibility requirements for WTC as mentioned below by our favourite adviser and all round good egg ErikaPNP?

I don't know how Tax credit will work out your hours for sleepins, however you only qualify for WTC at 16 hours a week if you are disabled, have children, or are aged over 50 and are returning to work after being on benefits - being married does not qualify you. If you do not fall within one of those categories, the work needs to be over 30 hours a week and you need to be aged over 25. If you give them a ring on 0845 300 3900 they should be able to clarify how they will work out your sleepins.

Kind regards, Paul.

If you scroll down to "On duty and on call" this may answer it.

TCTM02450 - Entitlement: WTC entitlement - Qualifying remunerative work

If you scroll down to "On duty and on call" this may answer it.

 

TCTM02450 - Entitlement: WTC entitlement - Qualifying remunerative work

Lets just hope that Adibarum makes this clear to HMRC and that they don't (with a minds glue pot) multiply these hours by the hourly rate to calculate income.

If you scroll down to "On duty and on call" this may answer it.

 

TCTM02450 - Entitlement: WTC entitlement - Qualifying remunerative work

Thank you all for your help

below is a direct quote from the regulations...i am most intrested in the part I have placed in Bold, it seems...it will be in the wording of my contract...and wether i am classed as ON Duty or On Call

strange it does not mention Sleepins because millions of people work in the care industry and many of them need to do sleepins...Fire fighters can sleep on night duty unless called out to do there Job

On Call generally means someone who stays at home but may be required to attend there place of work

On duty and on call

R(FIS) 2/82

A person is working whilst on duty even when no actual work is done during the period (for example, a fire fighter). Some people on call receive payments to compensate for being available to be recalled to duty (when private activities are restricted). People on call are working only for the periods when they are recalled to duty.

Examples:

• Wardens of old people's flats are required, at specified times, to be present at the flats in case of emergency. Whether they can be considered to be on duty during that time depends upon their contract with the employer. In many situations the warden will be merely on call although the employer may make a payment to compensate for the fact that private activities are restricted. During other periods the warden is likely to be on duty even though at times there may be no work to do.
  

A person whose job is to be available at premises other than their home would be on duty (and so doing work) even if there was no work to do other than being available (for example a fire-fighter or an emergency telephone operator).

It seems from reading the above i should qualify for WTC

would you agree with this...the facts are I will be on the premises of Work during the sleepin period

Hello again Adibarum, sorry if I'm being impolite, but I'm interested to hear if you fulfill the eligibility requirements for WTC as mentioned below by our favourite adviser and all round good egg ErikaPNP?

 

Kind regards, Paul.

Thanks Paul

Well spotted James. From Adibarum's point of view it would appear that the sleep-in hours count as "duty" which for HMRC's purposes means that they are classified as "working hours" and can therefore count towards WTC eligibility.

Lets just hope that Adibarum makes this clear to HMRC and that they don't (with a minds glue pot) multiply these hours by the hourly rate to calculate income.

Its looking to me also that I should get WTC though i may have to argue my point...as you state they may just multiply my so called worked Hours

Thanks again for your assistance