# The National Minimum Wage Regulations 2015, Regulation 55: Work schemes for provision of accommodation to the homeless


(1) A worker, who meets the requirements in paragraph (2), does not qualify for the national minimum wage for work done for an employer, under a scheme which meets the requirements in paragraph (3), if the worker is provided with accommodation and other benefits (which may include money) under that scheme.
(2) The requirements are that immediately before entry into the scheme the worker was homeless or residing in a hostel for homeless persons and—
(a) was in receipt of, or entitled to any of the following benefits—
(i) universal credit (payable under Part 1 of the Welfare Reform Act 2012),
(ii) income support (payable under Part VII of the Social Security Contributions and Benefits Act 1992),
(iii) income-based jobseeker’s allowance (payable under Part I of the Jobseekers Act 1995),
(iv) income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007); or
(b) was not entitled to receive any of those benefits only because the worker was not habitually resident in the United Kingdom.
(3) The requirements for the scheme are as follows—
(a) no one makes a profit out of the scheme other than—
(i) a profit only applied to running the scheme or other qualifying schemes, or
(ii) where the person operating the scheme is a charity, for a purpose of the charity relating to the alleviation of poverty;
(b) every person participating in the scheme satisfies the same requirements as for workers in paragraph (2) (although they need not all be workers);
(c) the accommodation available under the scheme is provided by the person operating the scheme or under arrangements made between that person and another person; and
(d) the work done under the scheme is both provided by, and performed for, the person operating the scheme.

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Source: https://www.legislation.gov.uk/ukdsi/2015/9780111127964/regulation/55 (the official version)
Page: https://openlegislation.uk/draft-national-minimum-wage-regulations-2015/regulation-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

