holiday pay: if paid after the end of the salary period?

[newbie_2013]

Hi all

Basically I worked from August'12 to Jan'13 and I am claiming points for this earnings. But my holiday pay was paid out in March'13.
What could be the best way to include the holiday pay in my previous earnings?

I could extend the claiming period from Aug'12 to March'13? But if I did this, this might not be a 'continuous' period as I only worked from August'12 through Jan'13 and there will be a earnings gap in Feb'13 !!!

any suggestions welcome

thanks

[Lucapooka]

If it was not paid within the 12 months it cannot be included.

[newbie_2013]

If it was not paid within the 12 months it cannot be included.

It was paid within the 12 months period (Aug'12 to July'13), but not in parallel with the working period.
i.e holiday pay was paid after the contract was completed. (paid in march'13 when the contract was completd in jan'13)

OR

do you mean to say that the holiday pay is to be paid simultaneously with the actually salary itself and not like a month after the project completion, even if it is within the 12 month period?

cheers

[Lucapooka]

If the money was paid to you at any time during the 12 month window you are claiming (regardless of when you took the the leave) it will be counted. It's the payment that matters rather than the actual event. So, for example, if you were owed holiday pay from a vacation taken 10 years ago, but was only paid in the last 12 months under consideration, that would be counted.

However, in your first post you clearly stated the payment came three months after the end of your 12 month window.

Basically I worked from August'12 to Jan'13 and I am claiming points for this earnings. But my holiday pay was paid out in March'13.

You have not said if changing the 12 month window to encompass the holiday payment in March gives you sufficient points. What you can't do is break the 12 months; it has to be continuous (unless maternity leave rules apply), but it can be less than 12 months. The 12 month period must be continuous rather than the employment that took place within that period so if, for example, you only work for 2 months out of the 12 but still made sufficient salary, that is perfectly okay.

[newbie_2013]

If the money was paid to you at any time during the 12 month window you are claiming (regardless of when you took the the leave) it will be counted. It's the payment that matters rather than the actual event. So, for example, if you were owed holiday pay from a vacation taken 10 years ago, but was only paid in the last 12 months under consideration, that would be counted.

However, in your first post you clearly stated the payment came three months after the end of your 12 month window.

Basically I worked from August'12 to Jan'13 and I am claiming points for this earnings. But my holiday pay was paid out in March'13.

You have not said if changing the 12 month window to encompass the holiday payment in March gives you sufficient points. What you can't do is break the 12 months; it has to be continuous (unless maternity leave rules apply), but it can be less than 12 months. The 12 month period must be continuous rather than the employment that took place within that period so if, for example, you only work for 2 months out of the 12 but still made sufficient salary, that is perfectly okay.

Thanks for the reply and clarification of the clauses. I believe I should have been more clearer in what I've posted earlier:

I am applying for ILR next month. So any consecutive 12 months within an immediate 15 month period is allowed. That said I am only claiming earnings from August'12 to Jan'13 (These 6 months will give me enough points). But the holiday pay for these 6 months was paid in March'13. I was just wondering if I can change the claiming window from Aug'12-Jan'13 to Aug'12-March'13 to encompass this extra holiday pay! But as you've clarified earlier it will not be possible as this won't be continuous period (a break without any pay between Jan'13 to March'13)

cheers

[Lucapooka]

You have misunderstood. The continuous period is with regard to a period of 12 months. It is not with regard to continuous payment or egven continuous employment over that period. So, for example, a man claiming Aug 12 to July 13 (YOUR CHOSEN PERIOD) may have only worked some of the time (2 months at the start and then a break of 6 months, then 4 months at the end ) but that does not matter. What matters is that his combined income from all and various sources during those 12 months is sufficient to score points.

[newbie_2013]

You have misunderstood. The continuous period is with regard to a period of 12 months. It is not with regard to continuous payment or even continuous employment over that period. So, for example, a man claiming aug to july (YOUR CHOSEN PERIOD) may have only worked some of the time (2 months at the start and then a break of 6 months, then 4 months at the end ) but that does not matter. What matters is that his combined income during those 12 months is sufficient to score points.

Oh ok, thanks for clarifying that Lucapooka. Now it makes sense. So all good