Care.com: Does the National Minimum Wage apply to a live in nanny?
Nannytax: An employee who lives as part of the family household, is treated as a member of the family, and is not provided with separate accommodation is excluded from the NMW (National Minimum Wage). For employers who provide separate accommodation for their employees there is an allowance per 7-day week, which can be offset against the NMW hourly rate. Separate accommodation has its own definition under HMRC rules but the rule of thumb is that separate accommodation has its own front door – so if your nanny shares your front door you are excluded from this provision.
Care.com: Is the accommodation that is provided a taxable benefit to the employee?
Nannytax: If the employee has accommodation, for example their own room and bathroom, provided that is in the family’s home, then no benefit arises.
If the accommodation is attached or in the grounds of the family home and has a separate front door, its own electric, water, council tax bills, then it will be classed as a taxable benefit.
Care.com: How many hours per week can a live in nanny work?
Nannytax: Adult workers cannot be forced to work more than 48 hours a week on average, however domestic employees, including nannies, are exempt from some measures concerning working hours but are entitled to a 20 minute rest break for every six hours worked.
If an employee is 18 or over and wishes to work more than 48 hours a week, they can choose to opt out of the 48 hour limit. This must be voluntary and in writing.