Child minder working at a Nursery

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  • #39504
    Stuart Macd
    Participant

    Hi

    We are having a bit of a debate here :-

    If a person works at a nursery as self employed, are they classed as a self employed child minder for HB/CTB purposes and 2/3rds reomved from income? or are they classed as a nursery nurse or some other name and the full amount is taken into account

    Althought the regs do not specifically state they have to carry out the self employement in their own home, does the fact that they work at an actual nursery make a difference??

    from previous posts I am going to go with the fact they have to be registered in the first instance

    Any help greatly appreciated

    #112349
    Anonymous
    Guest

    If they work at the nursery she (I assume it’s a “she”) either has a contract of employment or it is her nursery, in which case I would classify her as self employed. It’a a bit different from having children in your home.

    #112351
    HaighR
    Participant

    Is she registered as a child minder?

    Going on what you have told us I agree with chris :p

    This could be a case of the nursery owner forcing en employee to be self employed to avoid tax, notice ect. I hate to think what the legal ramifications would be if something when horribly wrong at the nursery.

    #112389
    Stuart Macd
    Participant

    Hi

    We have written to her to ask if she is registered

    Am I right in assuming as she is working for someone as self employed and working at a place of business as opposed to her home or someones elses that is the crux of the argument and her assessment will be based on 100%

    I have trawled throught this site and have not found a definitive reason for the difference in the scenario’s

    Thinking ahead if this was to go to appeal

    #112391
    Anonymous
    Guest

    If she is working at the nursery the contract of employment/services is with the nursery not the children’s mothers. The expenses of looking after the children are not hers and that is why the special assessment is not relevant. Although the word “childminder” is not defined I think you can give it it’s common or garden meaning of a person looking after children at home.

    “Registered childminders look after one or more children under the age of 8 for more than a total of two hours a day. They do this in a domestic setting (normally their own home) for payment. Registered childminders are inspected by Ofsted in England, or the Care and Social Services Inspectorate in Wales (CSSIW), to ensure they provide a safe and stimulating environment for the children that they care for. Registered childminders are usually self-employed and run their own business.”

    #112392
    Stuart Macd
    Participant

    Thanks for the reply Chris that’s great

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