Tag: nannies

Live in Nannies

There has been a rise in live-in nannies, and with that confusion over nanny’s legal pay.

If nanny lives in the family home, is treated as part of the family – eating most meals with them and spending time together such as leisure activities and evening time in the same sitting room, then the national minimum wage does not apply.

The national minimum wage will come into effect for nanny’s who are not treated as part of the family, but instead the employer will be able to use the offset allowance when the nanny is live-in by £7.55 a day, £52.85 for a whole week.

The other scenario is that nanny is given accommodation separate to that of the family, this then becomes a benefit in kind and needs to be declared annually to HMRC.

If there is a benefit in kind, it will mean nanny’s tax code will be decreased and her net pay goes down and as an employer having to pay an additional national insurance on the benefit amount.

The law is very strict, so you need to make sure you know how to proceed with your live in nanny.

Understanding Tax Codes

Your tax code determines the amount of tax you pay each pay period and for current tax year the standard tax code is 1250L.

Whatever your tax code the numbers denote the amount you can earn each year before you are liable to pay tax, you just need to add a zero to the end of code and this then means the 1250 code gives you a figure of £12,500 you can earn before you pay tax.

This amount is then split into the number of pay periods you will have in the tax year, 52 if weekly and 12 if monthly.

Weekly £12500/52 = £240.38

Monthly £12500/12 = £1041.67

Once you have reached the above earnings in each pay period you then pay tax at 20%.

If you’re annual earnings are above £50,001.00 then the tax rate increases to 40% on earnings above this.

If you have several jobs it could well be that one of your employers has the full allowance (£12,500.00) and the other is using a tax code of BR, BR denotes that all earnings in that employee pay tax at 20% as the full allowance is being used elsewhere.

Should both employers have the full tax code, you will then need to contact HMRC directly (0300 200 3300) to get one of these corrected, you will need your NI number to hand when contacting them.

Payroll Terms

These are some of the most common terms used in payroll.

Gross pay – this is the pay before deductions for tax, national insurance, pension and student loans. The gross pay includes overtime, commission, bonuses, statutory payments and any other taxable income.

Net Pay – This is what nanny takes home in her pocket.

Tax – Deducted based on nanny’s tax code which determines nanny’s tax free allowance and then any earnings above the tax free allowance is deducted at 20%.

NI – National Insurance. There are 3 types of NI for PAYE.

Employees NI deducted from nanny’s gross wage at 12% on earnings above £166.00 per week.

Employer’s NI on top of nanny’s gross wage paid at 13.8% on earnings above £166.00 per week.

Class 1A NICS, this is a yearly payment for any benefits in kind nanny may have had for the previous tax year.

SMP – statutory maternity pay. Nanny is entitled to 39 paid weeks of leave providing she meets the criteria. Nanny is allowed a further 13 weeks unpaid

SPP – statutory paternity pay. Nanny entitled to 2 weeks of statutory pay.

SSP – statutory sick pay. Nanny will get SSP after 4 consecutive working days of sickness

P60 – Nanny will be given this form at the end of the tax year to show her annual pay, tax, NI and statutory payments, she then keeps this for her own records.

P45 – When nanny leaves your employment, a P45 will be issued with her leaving date, tax code, if a student loan has been deducted and total gross and tax to date in that tax year, she then gives this form to her next employer.

Qualifying Criteria for the Work Place Pension

Whether or not your nanny qualifies for the work place pension depends principally on your nanny’s age and their earnings.  The new law requires every employer to automatically enrol workers into a work place pension scheme if they are aged between 22 and the State Pension Age, and earn over £10,000.00 per annum.

If nanny is automatically enrolled in a pension, they can opt-out up to 30 days after the initial set up has been completed and get a refund on the amounts which have been deducted from their salary. They must complete and return an opt-out form and inform their pension provider.

If your nanny does not qualify to be automatically enrolled they still have the right to join a work place pension. This is known as a Non-eligible job holder.

Non-eligible job holder is an employee who doesn’t have to be automatically enrolled into a work place pension, but can ask to be joined into a pension scheme if so wish. If they do, both the employer and the nanny will have to pay into the pension pot each month.

The minimum auto enrolment contribution rates are currently 8% of qualifying earnings.  This is split between 3% which must be paid by the employer and 5% which must be paid by the employee.

Ofsted Courses

Paediatric First Aid

 As a nanny you will be looking after and caring for young children. This course is aimed specifically for first aid in relation to children and will include –

​Bleeding Cuts and Grazes, Broken Bones

​Shock, Anaphylactic, Electrical

​Choking, Resuscitation

​Allergic reaction, Head Injuries

Common Core Skills for a Nanny

This course is aimed at helping nannies develop and enhance their work experience and knowledge of working with children and their families and will include –

 Communicating with children, young people, their parents and carers

​Child and young person development

​Safeguarding and promoting the welfare of the child

​Supporting transitions

​Multi-agency working

​Sharing information

Ofsted Registration Process

Nannies at present are not required by law to hold any childcare qualifications.

However if they wish to become part of the Voluntary Ofsted Childcare Register (OCR) they have the same requirements as a childminder, the only difference being is that they are caring for the children in their own home.

​To register, a nanny needs to complete online application via the Government Gateway website.

https://online.ofsted.gov.uk/OnlineOfsted

​​It will cost around £103 and needs renewing every 3 years.

​​As a nanny you will also need a Paediatric First Aid certificate, The Common Cores Skills and Knowledge in Childcare, Enhanced DBS Check and Public Liability Insurance.

 

SMP Statutory Maternity Pay

Holiday pay

Employees accrue holiday entitlement as normal throughout the maternity leave and this includes any bank holidays that may fall during that leave and this is a cost to the employer.

Any such holiday accrued is normally either taken or paid for at the end of the leave.

Antenatal classes

Employees are entitled to paid time off to attend these and except from the first appointment you can request proof of this.

If possible they should arrange these appointments at times she is not working although if full time employee this may not be possible.

Keeping in Touch Days

Employees are entitled up to 10 days classed as keeping in touch and any days worked are paid in addition to any paid SMP and is at a cost to the employer.

These days can be used for work and irrespective of the hours worked each day it is classed as a full day for Keeping in Touch purposes.

Pension

If employee contributing to pension when they go maternity leave their pension contributions will be based on the SMP paid, but the employers contributions need to remain at the same level they were on before the maternity leave started.

For example if the employers contribution was £15.00 then irrespective of the SMP paid the employers contribution would remain at the £15.00 throughout the maternity leave.

 

SMP Statutory Maternity Pay

All nannies are entitled to take up to 1 year off for maternity leave whether paid or unpaid.

How much SMP does employee get?

Of the 1-year entitlement nanny only gets paid for the first 39 weeks and should she take further 13 weeks off these are unpaid.

1st 6 weeks are paid at 90% of employee’s gross salary.

Remaining 33 weeks are paid at £148.68 or the 90% figure whichever is the lower amount.

Qualification for SMP

Nanny needs to have been employed by you 41 weeks before her due date.

Nanny needs to be earning above the lower earnings limit £118.00 gross per week.

Nanny needs to still be in your employ 15 weeks before her due date.

Processing SMP

Nanny will be issued form MATB1 from her Doctor or Midwife this form will have the due date and from this due date you can then determine whether she qualifies for SMP or not, if not you then need to issue nanny with form SMP1, so she can then claim maternity allowance directly from the state.

Cost of SMP

Small employers can usually claim back 103% of any SMP, this is 100% of the SMP itself and an additional 3% compensation to help towards cost of employers NI.

SSP Statutory Sick Pay

All nannies are entitled to Statutory Sick Pay (SSP), as long as they earn over the lower earnings limit of £118 a week and give you the correct notice.

SSP is paid to nannies on the 4th consecutive working day off and the first 3 working days are classed as waiting days and any salary for these 3 days are paid at employers discretion, unless they have something specific in the contract regarding paid sickness.

If a nanny has more than one job then she is entitled to SSP from each employer should she qualify.

Nanny must provide a Doctor’s fit note if she is off sick for more than 7 days in a row, for first 7 days they can self-certify.

How much is SSP

For this tax year, 2019/20 SSP it is £94.25 per week. Nanny can get SSP up to 28 weeks.

As of the start of the 2014/15 tax year the Government abolished any compensation on SSP for small employers and this is now a cost to the employer.

Nannies do not qualify

If they have already had 28 weeks of SSP paid.

Have already taken 3 or more years ‘linked periods of sickness – where 4 or more days of sickness happen within 8 weeks of each other.

Receiving other statutory payments (SMP for example).

Nanny may be able to apply for Employment and Support Allowance (ESA) if she is not entitled to SSP with you or has had 28 weeks of SSP. In order to apply for this, you must give nanny a SSP1 form.

 

Career Breaks

Our recommended partners at www.PayrollForNannies.co.uk  provide payroll advice for parents and have created this content.

There are no laws that deal specifically with taking a career break – it is only an agreement between the employer and the employee.

Employers don’t have to offer career breaks. If they do, the policy must be clearly laid out (eg in a staff handbook) and should cover things like:

  • eligibility and notice periods
  • how to apply and how long is allowed
  • if the employment contract’s terms and conditions continue – eg qualifying for pay increases

Employees can make arrangements to return to work after a career break, but these agreements are not legally binding, and it could mean ending the existing contract of employment