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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 aged 19 and over who are in the first 12 months of their apprenticeship contract

NMWM05270 | Entitlement to National Minimum Wage: apprentices aged 19 and over who are in the first 12 months of their apprenticeship contract

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

For pay reference periods starting on or after 1 October 2010 apprentices (NMWM05230) aged 19 and over and in the first 12 months of their apprenticeship qualify for the National Minimum Wage apprentice rate (NMWM03065).

For example:

Worker C, aged 20, starts an apprenticeship with an employer. The apprentice is over 19 and so is entitled to the National Minimum Wage apprentice rate for the first 12 months of their apprenticeship. After that 12 months, the worker is entitled to the National Minimum Wage at his respective age rate (NMWM05280).

Worker D, starts an apprenticeship aged 18½. Whilst under age 19 he is entitled to the National Minimum Wage apprentice rate. Later that year, the worker turns 19. Although the worker is now aged over 19 he is still entitled to the National Minimum Wage apprentice rate for another 6 months (ie. the remainder of the 12 months from the start of his contract of apprenticeship). After this he will be entitled to the National Minimum Wage at his respective age rate (NMWM05280).

For pay reference periods starting on or after 1 October 2006 until 30 September 2010, apprentices (NMWM05230) aged 19 or over who were in the first 12 months of their apprenticeship did not qualify for the National Minimum Wage for the first 12 months of their apprenticeship.

For pay reference periods starting before 1 October 2006, apprentices did not qualify for the National Minimum Wage if they were in the first 12 months of their apprenticeship and under 26. This upper age limit has now been removed (NMWM05290). At this time, apprentices aged 26 and over qualified for the National Minimum Wage main rate.

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