Do I need to register?!!

**grubbysoles** · 09-11-2010, 09:19 PM

Hi everyone,

I'm a parent with a question about caring for my niece - I'm currently a stay-at-home mum to my 2 daughters, the older one turns 4 this month and the little one is 17 months. We will soon be having my niece (2 yrs and 4 months old) joining us for 4 days a week (10hrs a day) while her mum (my sister) is at work. Her relationship with my niece's dad has ended and she is looking to save nursery fees by me looking after her little girl instead of putting her in nursery.

So here's the catch - my sister is going to pay me for looking after my niece (I'd do it for free but I'm strapped for cash, and 40hrs of childcare a week is a lot when you're already looking after your own 2!). She could easily just bung me some cash and we all keep it quiet from the taxman, but I want to do this all legitimately so, as she is going to pay me, do I need to be registered?? I doubt she'll be claiming any child care tax credits as her salary is pretty juicy, but is it a legal requirement to be registered as a childminder if you're receiving payment, even if it's a relative?? I'm perfectly happy to apply to register if needs be, although I won't be taking on any more children - these three will be enough! Also, given the time of day that she will be collecting my niece, my partner will be home from work and will no doubt keep the little ladies entertained while I crack on with cooking the dinner. Would he need CRB checks, etc, even though he's her uncle!?

My sister's ex-partner is starting to be pretty nasty to her and I don't want to give him any fuel for his fire, i.e. getting us in trouble for her paying for unregistered childcare for his daughter, so I want to make sure we're doing everything properly. I'm just not sure where the law stands with receiving payment if it's your niece you are looking after.

I hope that all made sense!! Many thanks in advance for any advice you can give me.

Emma

**buzzy bee** · 09-11-2010, 09:49 PM

i'm pretty sure that if you're immediate family then you don't need to be registered, but i'd call to make sure - 0300 1231231. It would be very silly if you did!

bexcee · 09-11-2010, 10:47 PM

I was in a similar situation a couple of years ago and registered as a childminder just to look after my nephew. I wanted it all above board with formal contracts etc so that we (me and my sil) knew where we stood and it saved any misunderstandings or resentment building.

And you never know as your own children get older you might want to take on other children to boost your income

My nephew has now left to go to school and I am looking full time as a registered childminder although my three are now all at school too.

Take a look at the ofsted website www.ofsted.gov.uk for more information on the requirements of childminders. This face sheet gives you some info that will be relevant to you http://www.ofsted.gov.uk/Ofsted-home...ce-childminder

I think if you are childminding for reward (ie getting paid) then you will need to be registered.

Good luck

**Tealady** · 10-11-2010, 12:01 AM

As it's immediate family then you don't need to be registered, however you would probably need to contact the tax office.

I would also recommend agreeing to some ground rules or terms and writing them down so you both know where you stand regarding, payment, time off (yours and theirs) etc.

**Lems** · 10-11-2010, 12:02 AM

As I understand it if you are looking after a child for more than 2hours per day for reward ie: payment in your own home you MUST be registered even if you are aunt, nan etc (This question has been asked many many times during my current DHC ).
Hope that helps although again this is just my understanding someone may be able to come along and give you the exact legislation.

**grubbysoles** · 10-11-2010, 02:27 PM

Hi,

Thanks so much for all the very quick replies. I gave them a call today and they said that as I'm classed as a 'close relative' I don't need to be registered, even if I'm being paid. Obviously I'll have to tell the taxman and my sister will not be able to claim childcare credits, but I doubt she'd need to anyway, given that she earns an awful lot more than me

I'm going to have a think about it anyway - maybe I'll still go ahead and get registered. It might come in handy somewhere down the line

And I'll certainly follow the advice to make sure we have some mutually agreed ground rules. I can see how people can easily fall out with their relatives when it comes to raising children.

Thanks again!

Emma

**Pauline** · 10-11-2010, 04:42 PM

Glad you got sorted Emma, please do stick around, you are more than welcome and we have great ideas for entertaining the children and activities which you might find useful.

Or just come for a chat when the noise gets too much

**Vickster** · 10-11-2010, 05:41 PM

I would register, it is free at the moment to do the course and get your first aid certificate. Well worth the Ofsted fee of £35 x

**Mouse** · 10-11-2010, 05:57 PM

Originally Posted by Vickster

I would register, it is free at the moment to do the course and get your first aid certificate. Well worth the Ofsted fee of £35 x

Ofsted probably won't register you anyway if you're only going to look after relatives. To be registered you have to agree that you will take on other children as well.
And I think in some areas of the country you have to pay for the courses. They're not free everywhere.
Plus you'd have to have Ofsted inspections - who wants to put themselves through that if they don't need to

I would just inform the tax office that you're self employed, so you'll have to do a tax return. I'd also draw up some sort of contract setting out what's expected of each party. Working for family very often ends in tears, so it's good to get as many things as possible agreed from the beginning eg. are you paid if the child is off sick or on holiday, when is payment due etc etc.

Penny1959 · 10-11-2010, 06:05 PM

Hello,
This is taken from the ofsted website - it is just part of the document called 'Registration not required' but is the bit that relates to your question

If you only care for a child or children aged under eight who you are related to. A relative means a grandparent, aunt, uncle, brother or sister of a child (or half-brother or sister) or someone you are related to through marriage or civil partnership.

This is the link for the document so you can check it out for yourself

http://www.ofsted.gov.uk/Ofsted-home...n-not-required.

Penny