salary sacrifice pension VS minimum salary requirement

[jeffreychen83]

Hi... I have a quick question about the minimum salary requirement....

What if

Case 1: my actual salary (£31,000) at or above minimum salary requirement (£30,000), but I "sacrifice" 5% of my salary and put them into my pension account. So the salary credited into my current account is only £29450, which is below the minimun salary requirement.

(p.s.) I think this case should be fine? as in the letter of the employer, they should give the actual salary (£31000) rather than £29450


But my real concern is Case 2:
My actual salary is £29,500, which is below £30000. However, because the employer also contributes 5% of my salary (£1475) into my pension account, so I have £1475 benefit from the employer. whether I could add the figure onto my salary, and made it up with an overall £30975? (£29500+1475), which is above the minimum salary requirement.

Does case work really take company benefits into account when they assess the salary? By the way, my job title is in shortage occupation list, does that helps as well when assess the salary?

Many thanks

[hsmp28122006]

Hi... I have a quick question about the minimum salary requirement....

What if

Case 1: my actual salary (£31,000) at or above minimum salary requirement (£30,000), but I "sacrifice" 5% of my salary and put them into my pension account. So the salary credited into my current account is only £29450, which is below the minimun salary requirement.

(p.s.) I think this case should be fine? as in the letter of the employer, they should give the actual salary (£31000) rather than £29450


But my real concern is Case 2:
My actual salary is £29,500, which is below £30000. However, because the employer also contributes 5% of my salary (£1475) into my pension account, so I have £1475 benefit from the employer. whether I could add the figure onto my salary, and made it up with an overall £30975? (£29500+1475), which is above the minimum salary requirement.

Does case work really take company benefits into account when they assess the salary? By the way, my job title is in shortage occupation list, does that helps as well when assess the salary?

Many thanks

Case1: My understanding is, you can claim the gross BEFORE pension sacrifice - so you should be OK. I had done the same and wasn't asked any question regarding this. You can claim, also because it forms part of your remuneration package.

Case2: No, you can't claim against employer's pension contribution. Read page29:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[jeffreychen83]

I see. Thanks.

[thewolfman21]

As i understand we have to take Gross i.e. before any deductions for points calculation.

[jeffreychen83]

As i understand we have to take Gross i.e. before any deductions for points calculation.

Thanks, as I understand what you meant is that the amount of monday sacrificed would not affect the overall gross salary. but on the other hand, the money contributed/matched by the employer should not be counted.