10Determination of wages—small employers

10 Determination of wages—small employers

10 Determination of wages—small employers

(1) This clause applies in relation to small employers.

(2) In this Order, a reference to wages, in relation to a period of insurance under a policy issued or to be issued to an employer or in relation to a period of 12 months ascertained by reference to any such period of insurance, is a reference:

(a) except as provided by paragraph (b):

(i) if the small employer is required by clause 147 (1) of the Workers Compensation Regulation 2010 to supply a reasonable estimate of the wages that will be payable by the employer during the period of insurance to workers employed by the employer—that reasonable estimate of the monetary value of all wages (not including any wages to which Schedule 7 applies) payable to workers by the employer in respect of the period of insurance or the period of 12 months, as the case may be, as calculated by reference to the returns, if any, furnished in accordance with the regulations by the employer to the insurer, or

(ii) in any other case—to a reasonable estimate of the monetary value of all wages (not including any wages to which Schedule 7 applies) payable to workers by the employer in respect of the immediately preceding period of insurance or the immediately preceding period of 12 months, as the case may be, or

(b) where the monetary value of those wages (not including any wages to which Schedule 7 applies) has been ascertained—to the actual value of those wages.

(3) For the purposes of subclause (2) (a) (ii), if the immediately preceding period of insurance is less than 12 months, the monetary value of the wages concerned is to be adjusted to reflect the wages that would be paid on a 12 monthly basis.

(4) For the avoidance of doubt:

(a) in this Order, a reference to wages payable to workers includes wages payable to apprentices, and

(b) in subclauses (2) and (3), the monetary value (or reasonable estimate) of wages for an employer for the immediately preceding equivalent period of insurance includes the monetary value (or reasonable estimate) of wages for the immediately preceding equivalent period of insurance paid to apprentices.