The National Minimum Wage Regulations 1999

Payments to the worker to be taken into account

30.  The total of remuneration in a pay reference period shall be calculated by adding together–

(a) all money payments paid by the employer to the worker in the pay reference period;

(b) any money payments paid by the employer to the worker in the following pay reference period in respect of the pay reference period (whether in respect of work or not);

(c) any money payment paid by the employer to the worker later than the end of the following pay reference period in respect of work done in the pay reference period, being work in respect of which–

(i) the worker is under an obligation to complete a record of the amount of work done,

(ii) the worker is not entitled to payment until the completed record has been submitted by him to the employer, and

(iii) the worker has failed to submit a record before the fourth working day before the end of that following pay reference period,

provided that the payment is paid in either the pay reference period in which the record is submitted to the employer or the pay reference period after that;

(d) where the employer has provided the worker with living accommodation during the pay reference period, but in respect of that provision is neither entitled to make any deduction from the wages of the worker nor to receive any payment from him, the amount determined in accordance with regulation 36.