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HMRC internal manual

National Minimum Wage Manual

From
HM Revenue & Customs
Updated
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Entitlement to national minimum wage: living as part of the family

Relevant legislation

The legislation that applies to this page is as follows:

For pay reference periods commencing

* on or after 6 April 2015; National Minimum Wage Regulations 2015, regulations 57(1) & 57(3)
* before 6 April 2015; National Minimum Wage Regulations 1999, regulation 2(2)(a)

General

Workers who live in a family home as part of the family (but who are not members of that family) and who share in the work and leisure activities of the household do not need to be paid the national minimum wage for the work performed relating to the employer’s family household.

Living as part of the family means that the worker must be provided with living accommodation and meals free of charge and must share in family tasks and leisure activities on the same basis as other family members.

Workers who may satisfy these conditions include (but are not limited to):

  • Au pairs,
  • Nannies, and
  • Care companions [see also (NMWM06050)].

If all the conditions are not satisfied or the work being performed is not related to the employer’s family household then entitlement to the national minimum wage must be considered in the normal way (NMWM05020). Examples of work that will not be related to the employer’s family household, include:

  • An assistant in the family shop,
  • A stable hand at a riding school, and
  • A helper in boarding kennels.

The Modern Slavery Act

The Modern Slavery Act 2015 introduced changes to how United Kingdom immigration rules apply to the National Minimum Wage and the exemption for living as part of the family. From 6 April 2015 an Immigration Officer (when granting applications to leave or enter) will need to be satisfied that the employer will pay at least the national minimum wage. Employers will have to commit to this in the relevant application process and provide evidence to the Home Office to confirm that their arrangements will not prevent a worker from being paid at least national minimum wage.

See also: Family Members (NMWM05160), Friends and Neighbours (NMWM05170).