Can you employ a live out au pair?

[ziopin]

A friend of mine is looking for an aupair and has placed an add on gumtree. She has had lots of replies, but one candidate looks really promising. She is British and is applying for the aupair job, as a live out aupair.

Would this work?

What about Tax and NI?

How much should she pay her?

She would have to pay her at least the minimum wage, as part of an au pair's pay comes from housing and facilities and food, surely? She would be an employee too I think.

Hope someone with experience of this comes along soon

I think that there are two issues here: minimum wage requirements and tax. The minimum wage requirement does not apply to employees who live as part of the family so would not apply to a live-in aupair but may well apply to a live-out aupair. On tax and NI, I haven't got the exact number but I think that below approximately £100 per week, neither income tax nor NI nor employer's tax are payable nor is the employer or the employee required to register for tax. So, if the aupair is live-out, she will be like any other employee and will have the right to a minimum wage and if she is paid more than £100 per week, which may be required to meet the minimum wage requirement, tax and NI will apply.

I'm not 100% sure on all this, so if anyone out there knows more or thinks I'm wrong, please correct me!

I agree with Izzy and Colditz. A live-out aupair (or mothers help / home help) is in my view the same as a unqualified nanny. Due to not living in... employment law regulations such as Minimum Wage would apply, and as you would need to pay minimum wage, you would probably be above the thresholds for payment of tax/ni and employers ni.