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Contents

Official guidance
National Minimum Wage Manual

NMWM05000 · Entitlement to National Minimum Wage

  • NMWM05010 · Legal entitlement
  • NMWM05020 · What is a worker?
  • NMWM05030 · Working or ordinarily working in the United Kingdom
  • NMWM05040 · Definitions of contract of employment, employee and employer
  • NMWM05050 · Contract excludes or restricts payment of National Minimum Wage
  • NMWM05060 · Self-employment
  • NMWM05070 · Silent partners
  • NMWM05080 · Volunteers
  • NMWM05090 · Voluntary workers
  • NMWM05100 · Volunteering schemes, (ProjectScotland and “vInspired”)
  • NMWM05110 · Agency workers
  • NMWM05120 · Home workers
  • NMWM05130 · Superior employers
  • NMWM05140 · Directors and office holders
  • NMWM05150 · Shadow directors
  • NMWM05160 · Family members
  • NMWM05170 · Friends and neighbours
  • NMWM05180 · Living as part of the family
  • NMWM05190 · Resident workers in religious and other communities
  • NMWM05200 · Illegal working and those working in breach of stay conditions
  • NMWM05210 · Reporting illegal working
  • NMWM05220 · Workers engaged in prohibited working arrangements
  • NMWM05230 · Apprentices
  • NMWM05235 · Apprentices: specific government arrangements
  • NMWM05240 · Contract of apprenticeship
  • NMWM05250 · Apprentices: summary of entitlement
  • NMWM05260 · Apprentices aged under 19
  • NMWM05270 · Apprentices aged 19 and over who are in the first 12 months of their apprenticeship contract
  • NMWM05280 · Apprentices aged 19 and over NOT in the first 12 months of their apprenticeship contract
  • NMWM05290 · Apprentices aged 26 and over
  • NMWM05300 · Apprentices: changes in apprenticeship contracts
  • NMWM05310 · Non-employment and non-employed status
  • NMWM05315 · Interns and internships
  • NMWM05320 · Trainees and traineeships in England
  • NMWM05330 · Schemes to provide training, work experience, temporary work or to help to find work.
  • NMWM05340 · Workers undertaking work experience as part of a higher education course
  • NMWM05342 · Workers undertaking work experience as part of a further education course
  • NMWM05350 · Workers participating in a scheme after being homeless or residing in a hostel for homeless persons
  • NMWM05360 · Workers participating in the European Union programmes: Leonardo da Vinci and Youth in Action
  • NMWM05362 · Workers participating in the European Union programmes: Erasmus+ and Comenius
  • NMWM05370 · Settlement agreements (formerly compromise agreements) and negotiated settlements
  • NMWM05380 · Effect of settlement agreements and HMRC settlements on NMW Officers’ investigation
  1. Entitlement to National Minimum Wage: contents
  2. Entitlement to National Minimum Wage: apprentices: summary of entitlement

NMWM05250 | Entitlement to National Minimum Wage: apprentices: summary of entitlement

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015, regulation 5

General

From 1 October 2010 all workers engaged under a contract of apprenticeship (NMWM05240), or treated as employed under a contract of apprenticeship (NMWM05235) qualify for the National Minimum Wage, at either;

  • the rate for apprentices (NMWM03065), payable to apprentices if they are

  • under 19 years of age (NMWM05260), or

  • aged over 19 who are in the first year of their apprenticeship (NMWM05270), or

  • the rate applicable to their age band (NMWM03010) (if they are over 19 and have completed the first year of their apprenticeship).

Prior to 1 October 2010 apprentices qualified for the National Minimum Wage at their respective rate (NMWM05290) except in the following circumstances:

  • From 1 October 2006 to 30 September 2010, apprentices under 19 years of age and apprentices over 19 who were in the first year of their apprenticeship did not qualify for the national minimum wage.

  • Prior to 1 October 2006, apprentices under 19 years of age and apprentices aged between 19 to 25 who were in the first year of their apprenticeship did not qualify for the national minimum wage.

For National Minimum Wage purposes contracts of apprenticeship are treated separately from any other contract the worker may have (or previously have had) with the same (or other) employer (NMWM05300).

An apprentice for National Minimum Wage purposes could never qualify for the accredited training rate.

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