Nanny going on holiday.

[Sophia101]

Hello
I will try and make this short and sweet.

I have a Nanny who takes care of my children four days a week, she's been with us around 9 months now.
She is self employed and is registered with CSSIW (I'm in Wales).
Anyway she's going on holiday for a week at the end of this month which is during the half term holidays. I will need to put my children into the school holiday club during the time she's away.
I currently receive help towards my child care costs, I think it's either 70 or 80%.
The money usually comes into my account on a Wednesday and goes directly into hers via a standing order.
She does not expect to be paid during the time she is away as she is self employed, which obviously makes things a little easier for me as I'm a single mum and money is tight, hence why I receive help.
My question is, can I use the money I receive towards my nanny's wages for the holiday club fees?
They are registered with CSSIW but I'm not sure how it works, whether or not I can use that money to pay for those fees or if I have to basically cancel my tax credits for that week until my nanny comes back.
Will I be breaking the law by doing that?
If any one can shed some light on this very confusing situation I'd really appreciate it.
Many Thanks
Sophia

Hello, just to let every one know I have been on the phone to HMRC this morning and have been looking at their website all weekend long.
I spoke to a lady and gave her all my details and explained the situation with my nanny. She's going to give me a ring back but she seems to think there shouldn't be a problem. I explained to her that my nanny went through all the checks with HMRC a few months ago before she started working with my family and was told by HMRC that she would be able to be self employed. I know what to tell you people but I can only pass on the information that I have been told.
I'm waiting for a call back now.
Thank you to every one for their concern and to the people who actually answer my question in the first place.
Many Thanks
Sophia

I don't know what to tell you people but I can only pass on the information that I have been told **

Glad you listened and rang someone at hmrc

Ideally speak to a status officer who deals with nannies in children's homes and tell them you have a nanny come to you same days and hours each week and ask if nanny can be se

and 99% they will say this is employment

Hello again, I have just got off the phone with HMRC about 30 mins ago and everything is fine. My nanny is indeed self employed as she works for more than 3 families. Although she has set hours/days with me I do not pay her when she takes a holiday, she can decide when she goes on holiday, if and when she comes into work, she also pays for my children's activities but that's included in her prices.
She works for a few families on ad hoc basis also during the week which contributes to her being self employed.
Of course I knew all of this already.
I am very grateful for every one's responces although I do think some of the people who have commented on here don't like it when others disagree with them.
I am not breaking the law (like some have accused me of) but thank you for you're concern anyway.
Sophia

She pays for children's activities? She must charge around £15 an hr then, compared to others £12 ish

Unless you speak to someone who actually knows the difference in nannies who work for several families ad hoc and for one family set days then you probably will get the wrong advice.

Trust me tax credits, job centre, hmrc staff dont know everything about every circumstance. Been there and got the wrong advice and had to sort it out myself and it took months before they acknowledged it was their mistake and closed the case. Then some jobsworth phoned months later to hassle me about it again even though it was on my file that it was closed. Sent in a letter of complaint and got one back apologising and saying that the call centre person would be spoken to by her manager over her attitude and accusations (it was recorded) and that there would be no more contact over it.

It says clearly on the hmrc website that nannies who have set days and hours for one person are employed by that person!

X post! Hey ho, whatever she said then.

How can she decide what days she wants to come in to work each week? Does she decide what time too?
Dont you have her come in when you need her, not when it suits her? Its all very strange!
A nanny paying for the kids activities?? Never heard that one before! Its always the parents who provide the activities or pay for days out etc.

Oh well you learn something new every day!

Oh my, this is getting just a tad bit ridiculous now. You told me to phone HMRC which is exactly what I did, and now you're saying that I've been given the wrong information etc. This is pathetic to be honest. I have no idea why I came on this website in the first place, oh yes I do. It was to ask one simple question and then I had all the bloody nanny nutters jump on me because they think they know absolutely everything that is to know about nannies and then when someone disagrees they get pissy with them. I may be fined, I may be put in jail, I may be hit by a bloody car one day, you never know! But I've all the checks, which is exactly what every one on this post told me to do and that is the information I have been given. If you don't like it then take it up with HMRC yourself, I don't know what to tell you guys, I really don't. Unless I agree with you, I don't think any of you will be happy. Thank you to the people who actually helped and answered my question. But serousily, the rest of you just grow up. (p.s, I'm actually a very nice person but you guys just push people until they flip their lid)! Ta Ta

OP I had the same thing as you, my nanny is self employed and does other work elsewhere.

I got her from an agency and they told me it was fine.

I checked with HMRC, and they too said it was fine. It would be different if she only worked for me, apparently.

This page has some useful info on clarifying whether a nanny can be self employed. Also states that anyone can register with hmrc for self employment but that status doesn't automatically applying to every job they take on.

OneFlew - thank you for understanding. I did not mean to go off one but as you can see I have explained myself a hundred times and the people on here will just not take no for an answer. A few people have said that I'm breaking the law etc which if I'm quite honest gets my back up, I'm sure there are employers out there who take the piss out of their employees and don't employ them when they should but I'm not one of them. I was honest with my nanny when I met her and said that I could not afford to employ her as I can barely afford to pay her wages hence why I receive help, she told me that she was self employed and this has been confirmed by HMRC. I have done everything that all of these people on here have advised me to and somehow I'm still wrong (apparently). I'm honestly not trying to disagree with people to piss them off, this is the information I have been given by HMRC and that is good enough for me. It honestly seems like if I don't agree with these people they get pissy. All of this, just from question. It honestly makes me laugh.

A nanny who pays for the child's activities?? Havnt heard of that before

Can I ask what you pay her hourly?

And for your protection - can you get in writing from hmrc what you were told and get the Persons name who you spoke to and they confirmed it

So you pay her say £100 a day, kids want to go the zoo in school holidays . Zoo is £42 entry,£5 parking, and £10 in petrol, £5 ice cream . So nanny would spend £63 on activities out of that £100. So only paid £37 for the whole day? That doesn't sound right.
Even £5 on activities shouldn't be from her wage.

I think the confusion was because it sounded like you had her for set days each week. Now it seems she tells you when she's available, which is slightly different from an employment point of view.

Glad you got the advice you needed about tax credits.

I thought it was the same days each week?

So op your nanny can say to you in not working next week and you would be happy with that and accept it ?

What do you tell your employer if your nanny informs you she can't work on certain days that week?

Yes but I'd the op is anything like me, she's have an unwritten agreement that certain days are needed for obvious reasons.

OneFlew Tue 24-May-16 14:55:04

Yes but I'd the op is anything like me, she's have an unwritten agreement that certain days are needed for obvious reasons.

But isnt that 'set days and times' cant be both set days and "if and when she comes to work" who employs a nanny just to turn up when it suits them?

What do you tell your employer if your nanny informs you she can't work on certain days that week?

Good point.

I think you're splitting hairs here because although a nanny can do what she wants, she chooses to meet the needs of the person paying her out of common courtesy.

My nanny announces when she's on holiday almost apologetically but I know there is nothing I could do even if I wanted to because she's self employed.

If the nanny only comes on an ad hoc basis, how do you know how much to pay her and therefore how much support to claim for? Is it adjusted weekly?
If she is working 4 days a week for you, I am surprised she time to work for two other families too.