Child Tax Credit Eligibility - au pair with child

merlin68

Looks like she is entitled found this
Being 'ordinarily resident'

To get tax credits you have to be ordinarily resident. You'll usually be ordinarily resident if:

• your main home is in the UK
• you've chosen to live and settle here
• you only go abroad for short periods - like on holiday

The Tax Credit Office will decide whether or not you're ordinarily resident by looking at all your circumstances.
Ordinarily resident - an example

Aleksy and his wife and son have moved permanently to the UK from Poland. Aleksy works as a self-employed property developer and his son is registered at the local school. Aleksy's main home is in the UK and the family has chosen to live and settle here. So they are classed as being ordinarily resident, and can make a claim for tax credits.

MrsManda

Child Benefit and Child Tax Credits depend on whether the au pair is counted as being 'ordinarily resident' in the UK.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ChildBenefitandChildTrustFund/Childbenefits/Gettingstarted/ChildBenefitandwhoqualifies/DG_173523

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCredits/Gettingstarted/whoqualifies/NewarrivalstotheUK/DG_172735

Have you found her through a reputable agency? If not have you checked the Home Office rules around what an au pair can do/be paid etc...?
These links may be helpful:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter4/
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter4/section1/section1.pdf?view=Binary

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter4/section1/annexa.pdf?view=Binary

merlin68

Well after reading that, you might have to employ her as a housekeeper, rather than an au pair, as she is too old and has a child. Also an au pair can only stay for 2 years so wouldn't be entitled to tax credits.

Vejovis

merlin68 wrote: »

Well after reading that, you might have to employ her as a housekeeper, rather than an au pair, as she is too old and has a child. Also an au pair can only stay for 2 years so wouldn't be entitled to tax credits.

wouldn't a housekeeper be subject to nmw, whereas an au pair is not?

Oldernotwiser

I don't really see why this poor woman has to be exploited by having to work for less than half minimum wage when she's obviously not an au pair by any definition!

Mothers Helps are paid rather more than NMW, even if living in.

midnight_express

In the UK you cannot employ someone who has a child or is over 27 as an au pair. If you want to employ this person you would have to pay them at least NMW though the going rate is much higher than this. You would also be responsible for employer national insurance. They would also be entitled to paid leave.

Slavery was abolished in the 19TH century.

beth.stephenson2009

Surely as she will be here on a VISA (I am assuming) she will not be eligible for British benefits?

I have never heard of Aupairs being that old (the oldest I've heard is 25) and many do it while visit the country, or as a basis for building up childcare experience.

I think it would be a lot easier for you to look for someone else, and base your search within this country- there are many girls in the UK wanting to be Au pairs, myself included when I have finished my course.

agrinnall

beth.stephenson2009 wrote: »

Surely as she will be here on a VISA (I am assuming) she will not be eligible for British benefits?

I have never heard of Aupairs being that old (the oldest I've heard is 25) and many do it while visit the country, or as a basis for building up childcare experience.

I think it would be a lot easier for you to look for someone else, and base your search within this country- there are many girls in the UK wanting to be Au pairs, myself included when I have finished my course.

Have you read any of the previous posts in this thread? Why would she be here on a visa? She is from SPAIN, which last time I looked is in the EU and she therefore has a right to live and work in the UK, although not as an au pair, as many posters have already pointed out.