44 Voluntary workers

44  Voluntary workers

(1)     A worker employed by a charity, a voluntary organisation, an associated fund-raising body or a statutory body does not qualify for the national minimum wage in respect of that employment if he receives, and under the terms of his employment (apart from this Act) is entitled to,—

(a)     no monetary payments of any description, or no monetary payments except in respect of expenses—

(i)     actually incurred in the performance of his duties; or

(ii)     reasonably estimated as likely to be or to have been so incurred; and

(b)     no benefits in kind of any description, or no benefits in kind other than the provision of some or all of his subsistence or of

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