It's very hard to answer this one as the option X1 in NEC3 PSC is essentially tow options in one as :
- the first half is for "staff rates" which "are fixed at the Contract Date and are not variable with changes in salary paid to individuals". This sounds similar to what you are saying for the cap; while ...
- the second half is for "staff rates" which "are variable with changes in salary paid to individuals", which sounds like the your" rates calculated on an individual basis.
Consequently, I am assuming your contract is amended in some way which, as I do not know exactly how, I cannot give an informed response to.
- the first half is for "staff rates" which "are fixed at the Contract Date and are not variable with changes in salary paid to individuals". This sounds similar to what you are saying for the cap; while ...
- the second half is for "staff rates" which "are variable with changes in salary paid to individuals", which sounds like the your" rates calculated on an individual basis.
Consequently, I am assuming your contract is amended in some way which, as I do not know exactly how, I cannot give an informed response to.