Maximum AW recovery limit and maximum OW recovery limit
2A.—(1)  For the purposes of regulation 3(m), an employee’s maximum AW recovery limit for any month is the amount recoverable in respect of the employee’s additional wages under section 7(2) of the Act, computed as follows:
(a)the amount is to be computed as if all of the employee’s ordinary wages for that month and additional wages payable in that month are paid by a single employer of the employee;
(b)if there are different computations for different employers that paid any of the wages mentioned in sub‑paragraph (a), the computation that gives the highest amount is to be used.
(2)  For the purposes of regulation 3(n), an employee’s maximum OW recovery limit for any month is the amount recoverable in respect of the employee’s ordinary wages under section 7(2) of the Act, computed as follows:
(a)the amount is to be computed as if all of the employee’s ordinary wages for that month and additional wages payable in that month are from a single employer of the employee;
(b)if there are different computations for different employers that paid any of the wages mentioned in sub‑paragraph (a), the computation that gives the highest amount is to be used.
(3)  For the purposes of computing an employee’s maximum AW recovery limit for any month under paragraph (1) or maximum OW recovery limit for any month under paragraph (2) —
(a)where the sum of the employee’s additional wages payable in that month and the preceding months in the same year exceed the employee’s AW limit for that year, the amount of additional wages payable in that month in excess of that AW limit is to be disregarded;
(b)the employee’s AW limit for that year is the applicable amount for that year (specified in the First Schedule to the Act as in force during that year) less the sum of that employee’s ordinary wages for that year;
(c)paragraphs 2, 3 and 4 of the First Schedule to the Act do not apply; and
(d)in computing the amount of an employee’s ordinary wages for any month, the amount of ordinary wages to be disregarded is to be determined in accordance with paragraph 4A of the First Schedule to the Act.
[S 603/2023 wef 01/09/2023]
[S 196/2020 wef 31/03/2020]