SALARY PAYMENT: TO PRO-RATA OR NOT TO? (NOT TO I HOPE!)

Hello visas folks! I'm hoping this is a simple question?!

I am trying to decide when my 12-month period should start. I get paid on the last Thursday of each month. As it works out, my earliest possible salary payment (which I'd definitely like to include in my 12 months) is Thu 30 Sep 2010 and my last salary payment in that 12 month period works out to be Thu 29 Sep 2011!! Hooray!!

Can I claim the full amount of both payments? I can see that I should be able to claim the full amount of the 2nd payment, but claiming the full amount of the first - given the work I did to 'earn' it was outside of my 12 month period, seems a bit wrong - or is it? If so, what about if I started my 12-month period on the 28th, could I count it then? Where's the limit? (I'm aware I'd loose my last salary payment in that instance).

Good luck to you all!!

No matter how you try, you can only claim points for "earnings" in a "12 month period".

If paid monthly, this equals to 12 payment credits .. not 13.
If paid weekly, this equals to 52 payment credits .. not 53.

Interesting! Depends how you define 'earnings' right? Are 'earnings'

A) Payments you've received.

If so, I believe my example holds.

B) Work that you've done in the relevant period(s) (irrespective of whether a payment has been received).

If so, this means if I was paid on the last day of a given month, but my 12 month period ended on the 2nd last day of that month, then my earnings for that month would be from the first day to the 2nd to last day (inclusive). In such a scenario, my 'earnings' would therefore need to be calculated on a pro-rata basis. (Interestingly however, I would not be able to use my last payslip as evidence for the pro-rata calculation as I would be providing evidence dated outside of the 12 month period).**

C) A & B

If so, a pro-rata calculation would need to be performed to calculate what proportion of your first payslip's 'earnings' could be included. Interestingly, pt 85 (pg 15 of 33) of the policy guidance states

**"We will never consider earnings claimed on a pro-rata basis"

Which you could argue, means the payment is either fully included or not included at all. The latter seems somewhat unlikely, which is not to say I'm convinced of the former. Alternatively, you could also argue that the above statement is not relevant at all, as no attempt has been made to 'CLAIM earnings on a pro-rata basis'.

You can count 12 payments if paid monthly. All payslips periods run from a date to another date spaced a month (or week or two-weeks) apart. You can only use a max 12 payslips if paid monthly, regardless of the pay-date.

If you are paid monthly, you can count 12 months worth of payments. If a payment is late or early, you cannot claim it, as it extends the period beyond 12 months. It does not depend on the payments being spaced apart 12 months, but the pay periods.

There is no argument which makes it valid for you to claim 13 pay periods, regardless of when you were paid. It's 12 pay periods, regardless of how the payments are spaced.

I think you missed the following from the guidance notes:

80. All the periods we specify are calendar
months (for example 14 January – 13
February).
81. If an applicant claims for a period of
earnings that is more than 12 months, or
has not indicated a period for assessment
of earnings, we will assess the most recent
period of 12 months for which he/she has
provided evidence.

Put simply, it means that period 1 is from the 14th of January to the 13th of February, Period 2 from 14 Feb to 13 March etc, and I am sure your payslips will state the paydates... Your 12 months will then be 14 January to 13 January of the following year. There is no way you can earn 13 times in these 12 months. Pro-rata is not even necessary for a 13th payslip as it relates to the next 12 month cycle rather than 14 Jan 2010 to 13 Jan 2011. They just have to be 12 payments, all relating to 14 January 2010 to 13 January 2011.

**"We will never consider earnings claimed on a pro-rata basis"

I believe you have taken this pro-rata rule out of context. it refers to those who try to pro-rata earnings they would have earned had they worked a full period. Still coming back to your illustration, pro-rata cannot be justified as full 12 month period is clear i.e. 30 sept 2010 to 29 sept 2011 (12 payslips).