SolvedNMWM05180 | Entitlement to National Minimum Wage: living as part of the family
From HM Revenue & Customs · National Minimum Wage Manual
Relevant legislation
The legislation that applies to this page is as follows:
National Minimum Wage Regulations 2015, regulations 57(1) & 57(3)
General
From 1 April 2024, 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 are entitled to the National Minimum Wage in the normal way (NMWM05020).
Prior to 1 April 2024, these workers did 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 meant that the worker was provided with living accommodation and meals free of charge and shared in family tasks and leisure activities on the same basis as other family members.
Workers who may have satisfied these conditions include (but are not limited to):
Au pairs,
Nannies, and
Care companions [see also (NMWM06050)].
If all the conditions were not satisfied or the work being performed did not relate to the employer’s family household then entitlement to the National Minimum Wage was considered in the normal way (NMWM05020). Examples of work that would 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. 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.