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Childcare vouchers to pay maternity pay for nanny?

(44 Posts)
Octonought Thu 20-Nov-14 22:37:29

Our nanny had been with us for over six months. It was a condition of her employment that she get ofsted registered, however, she has been dragging her feet on this and is still not registered. So both DH and I have lots of money tied up in childcare vouchers and are having to pay her each month. The problem is, that she is now pregnant and going off on maternity leave in a few months. We are therefore going to be seriously out of pocket having paid her insurance, application fees etc.

Having never had to pay statutory maternity pay, my question is, can we pay this using the vouchers if she eventually sorts out her registration? I know I can claim the maternity pay back from the government, but not sure if that comes to us as a cash lump sum, leaving us free to pay her in vouchers?

Thanks smile

OutragedFromLeeds Thu 20-Nov-14 23:49:31

I'm not sure.

You shouldn't have paid her insurance though, that may invalidate it.

What are you doing for cover? Why not get a nanny who is already Ofsted registered and pay them with the vouchers?

Tapestry12 Fri 21-Nov-14 06:59:04

Has she broken terms of contract regarding becoming Ofsted registered. It does take 12 weeks at least. She should be able to provide you with evidence that application has been submitted. Also the fee paid - by you - for the registration. You should have receipt for that too.
It was very good of you to pay her insurance. Nannies usually pay their own.

Tapestry12 Fri 21-Nov-14 07:00:31

Regarding vouchers I would say yes, but check with voucher company you use.

Octonought Fri 21-Nov-14 07:17:42

Thanks everyone.

I thought it was fairly standard for the employer to pay all associated costs for the ofsted registration? Outraged - why would me paying her insurance invalidate it?

I do have the receipt for her payment, it's her dbs certificate that is taking a while (she didn't send the right paperwork, then she moved and it's gone to the wrong address, etc, etc).

There is a clause in our contract about reclaiming fees for ofsted registration if she leaves soon after she is registered.

I'm not sure what we are doing for childcare when she goes, I'm pretty much at the end of my tether with the whole nanny thing for various reasons sad

eeyore12 Fri 21-Nov-14 07:30:17

Re the insurance, if you paid for it and then try to claim against her for something the insurance company may see it as you are claiming against yourself and so won't pay out. A nanny should always pay for her own insurance and if she has kind employers that pay for everything else that is great.

Blondeshavemorefun Fri 21-Nov-14 07:53:28

Think you can use ofsted for some School and nursery fees plus educational lessons

Why has it dragged on for 6mths? Is that the nannies fault? Once has quals /common skills - first aid and dbs and pli it's easy to register

Does she have all of the above?

Def don't pay the nannys pli as May invaidate it as tech you would be suing yourself if needed to claim

Otherwise you would have paid out £103 for ofsted - and surely if you have paid that then scheme would be up and running and the vouchers in place

But he's could also use them for temporary cover

Octonought Fri 21-Nov-14 08:10:35

Thanks. It is the DBS that is holding everything up, she has just been really slow off the mark and now has moved and tells me the DBS has gone to her old address and they won't send out another copy, not sure if that's true? I suspect she maybe just had to pay for another copy and doesn't want to?

Lesson learned about the insurance. It's such a minefield...

LIZS Fri 21-Nov-14 08:14:14

Surely she would have had a post redirection set up, especially if she sent off her original documents. I'd bet she's had to do it again if she admitted she'd moved at which point id becomes even more problematic

Octonought Fri 21-Nov-14 08:31:48

No, I don't think she set up a redirection as she says she's put a note through her old door asking for them to pass on any mail to her hmm

FlorenceMattell Fri 21-Nov-14 09:13:35

Ofsted are not the easiest organisation to deal with and unless the nanny is proactive they do take ages to deal anything. DBS may have to be done again if she has moved. But six months? Ask her to forward/show you emails correspondence from them. Sorry don't know if maternity pay can be paid with childcare vouchers.

FlorenceMattell Fri 21-Nov-14 09:18:53

Re sending another copy of DBS that's probably true.
When as a nanny you re register every year you pay the fee of £103 but Ofsted do not re issue the certificate. You are stuck with a certificate with the last years date. The only way of proving to new parents you are registered is to show them your payment invoice. Ofsted say it is too costly to issue a new certificate. Personally I think they should, not sure what you get for £103.
But in your Nanny's case the certificate they sent out has not arrived. So she needs to ring them and insist they send a new one.

Octonought Fri 21-Nov-14 09:26:38

She has never been ofsted registered, it was a condition of us taking her on that she did it. So we have paid all associated costs and she has not even managed to get her DBS done.

FlorenceMattell Fri 21-Nov-14 10:18:53

Yes I understand that, just trying to explain how slow and inefficient Ofsted are. The process usually takes about 3 months but that is if everything runs smoothly. A DBS could take 6 months if for instance she has not had one done before. Is this her first nanny job?
Where did she work before she worked for you? Did she come via a nanny agency they would have done a CRB (old certificate now replaced by DBS).

Are you sure the nanny has what she needs to be registered. Have you seen her paediatric first aid certificate? What childcare qualification or course has she undertaken? Not all nannies will be able to be Ofsted registered.

Octonought Fri 21-Nov-14 12:18:50

She has been a nanny for a while and came through an agency, and yes, she should have everything she needs to be ofsted registered. Her CRB was lapsing just as we took her on. Our last nanny managed to get ofsted registered within a couple of months of starting. And as I need a DBS for work, I know they are not the quickest, but if you keep on at them, it gets done.

Cindy34 Fri 21-Nov-14 12:22:53

Whilst on maternity leave she is still your employee so I can't see why the vouchers could not be used to pay towards the net amount of the salary. They can't be used towards anything that is paid to HMRC, why don't HMRC accept vouchers?

Ofsted changed the requirements for DBS checks in September, so I wonder if that is now also a cause for delay. Once the DBS is printed she needs to be on the Update Service. If she can't get the certificate and is not on the update service may need to do the DBS check again, and it may take longer as there is now an extra address to check, the more addresses in past 5 years the longer a check could take.

Sounds a bit of a mess, no wonder you are not happy. Please don't let it put you off nannies though.

FlorenceMattell Fri 21-Nov-14 13:37:28

Agree if you keep at DBS it get done.
Which is why I'm wondering if she is stalling.
It appears you haven't actually seen her up-to-date paediatric first aid and her childcare certificates yourself but relied on the agency.
Ask to see them tomorrow.
I'm wondering if she is not actually eligible to be Ofsted registered.

Heels99 Fri 21-Nov-14 13:42:56

Pay her with the vouchers. It's up to her to sort out her registration. She will speed up if she gets paid in vouchers. You must be massively out of pocket here because she is inefficient e.g not getting mail redirected.

OutragedFromLeeds Fri 21-Nov-14 13:49:09

You can't pay someone with vouchers who isn't Ofsted registered Heels, that's kind of the point.

LuckyLopez Fri 21-Nov-14 13:52:58

They have no way of paying her if she's not registered heels.

Heels99 Fri 21-Nov-14 13:54:31

Ok so give her a letter that says it was a condition of your employment that you would be ofsted registered, six months have gone by and you are still not registered. You have four weeks to complete registration or your employment will be terminated.

OutragedFromLeeds Fri 21-Nov-14 14:17:21

If she has to do another DBS check, then it's likely impossible for her to do it within 4 weeks. I can't imagine that would then be legal i.e. do something impossible or your sacked? Especially now she's pregnant.....

Heels99 Fri 21-Nov-14 14:38:50

So what should the op do? Just keep on paying out because the nanny hasn't sorted her registration?

Heels99 Fri 21-Nov-14 14:41:12

You can dismiss the Nanny if she does notssort out the registration as it is a condition of her employment and not relate to the pregnancy.definitely give her a written warning re the registration.

OutragedFromLeeds Fri 21-Nov-14 14:48:08

Well it's a tricky one, but I don't think her situation is going to be helped by falling foul of employment law. Although she's only been there 6 months, so that does make it easier....

I think her best bet is using the saved vouchers for whatever childcare she's going to need while the nanny is off. Ofsted registered nannies, childminders, nurseries and after-school clubs will all accept them.

With the current nanny I think the best bet is to supervise her application process, do it together and then you know she has done her part. She can't be held responsible for the complete nightmare that is Ofsted.

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