Shared parental leave when wife is unemployed

Shared parental leave when wife is unemployed

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Discussion

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
Sorry to break the rules with a throwaway but I don't want my work colleagues reading it.

I am expecting my 2nd child in late October and would like to take around 8 weeks of shared parental leave. We are in the fortunate position of my wife not needing to return to work but this means that the wife is not eligible for maternity leave or allowance thus I am ineligible for shared parental leave.
From reading the gov.uk website I think we have two options to earn an entitlement to maternity allowance without getting a regular job:

1) My father in law has his own business so I assume that he could employ her for at least 26 weeks paying her at least £30 for 13 of them. She is reluctant to ask him to do this.

2) Become self employed and either start pay class 2 national insurance or get a small earnings exemption. We are a bit stuck for ideas on how to earn £30 per week at the moment but I assume she won't just be able to invoice me £30 per week for household chores? Would selling a few bits on ebay count?


I started this venture looking for ways to get extra time off work but it is starting to look a bit like benefit fraud. Would either of the methods be OK and what do I need to do in order to keep it all legal?

Claudia Skies

1,098 posts

116 months

Wednesday 4th March 2015
quotequote all
camembert said:
what do I need to do in order to keep it all legal?
I am simply astounded.

marshalla

15,902 posts

201 months

Wednesday 4th March 2015
quotequote all
camembert said:
Sorry to break the rules with a throwaway but I don't want my work colleagues reading it.

I am expecting my 2nd child in late October and would like to take around 8 weeks of shared parental leave. We are in the fortunate position of my wife not needing to return to work but this means that the wife is not eligible for maternity leave or allowance thus I am ineligible for shared parental leave.
From reading the gov.uk website I think we have two options to earn an entitlement to maternity allowance without getting a regular job:

1) My father in law has his own business so I assume that he could employ her for at least 26 weeks paying her at least £30 for 13 of them. She is reluctant to ask him to do this.

2) Become self employed and either start pay class 2 national insurance or get a small earnings exemption. We are a bit stuck for ideas on how to earn £30 per week at the moment but I assume she won't just be able to invoice me £30 per week for household chores? Would selling a few bits on ebay count?


I started this venture looking for ways to get extra time off work but it is starting to look a bit like benefit fraud. Would either of the methods be OK and what do I need to do in order to keep it all legal?

crofty1984

15,848 posts

204 months

Wednesday 4th March 2015
quotequote all
You could use some of your holiday?

WinstonWolf

72,857 posts

239 months

Wednesday 4th March 2015
quotequote all
crofty1984 said:
You could use some of your holiday?
This.

Now where should I put this skip of popcorn?

AndrewEH1

4,917 posts

153 months

Wednesday 4th March 2015
quotequote all
Honestly how high pressure is your job? Is your MD/boss flexible around working hours? Able to work from home?

I wouldn't be surprised if they are open to letting you work reduced hours (maybe for a little less pay?) for most of those weeks, supplimented with you using some of your holidays for a week or two.

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
Claudia Skies said:
I am simply astounded.
I realise that it sounds pretty bad but there is a threshold to meet and I am looking at ways to meet it with the least amount of time from the children and with no legal recourse. So, say if she worked for her dad and cleaned the office once a week would that be sufficient for employment? Would selling enough existing household goods on eBay meet the criteria for being self employed?


camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
crofty1984 said:
You could use some of your holiday?
I hope to take 12 weeks in total.

tex200

438 posts

171 months

Wednesday 4th March 2015
quotequote all
Take unpaid leave instead of trying to fiddle the system if you want the time off that badly.

Countdown

39,824 posts

196 months

Wednesday 4th March 2015
quotequote all
camembert said:
Sorry to break the rules with a throwaway but I don't want my work colleagues reading it.

I started this venture looking for ways to get extra time off work but it is starting to look a bit like benefit fraud. Would either of the methods be OK and what do I need to do in order to keep it all legal?
What you describe is fraud. You can't make fraud legal.

HTH

Countdown

39,824 posts

196 months

Wednesday 4th March 2015
quotequote all
camembert said:
I hope to take 12 weeks in total.
Why stop at 12? Just wondering......

worsy

5,803 posts

175 months

Wednesday 4th March 2015
quotequote all
camembert said:
crofty1984 said:
You could use some of your holiday?
I hope to take 12 weeks in total.
Same as

http://www.dailymail.co.uk/news/article-2736546/Na...

davepoth

29,395 posts

199 months

Wednesday 4th March 2015
quotequote all
Why doesn't your wife decide to stay at her current job but then have a "change of heart" two weeks before her restart date like a large number of new mothers I know?

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
Countdown said:
What you describe is fraud. You can't make fraud legal.

HTH
Self employed people are entitled to claim maternity allowance and I looking for a way to legitimately become eligible for it without her returning to regular work.

With the ebay example, if selling your own possessions can't qualify as trading would buying things from car boot sales and then selling them qualify? Would she need £30 of takings or profit to meet the threshold?

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
Countdown said:
Why stop at 12? Just wondering......
8 Weeks is about as long as I would like to go without my regular salary.

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
tex200 said:
Take unpaid leave instead of trying to fiddle the system if you want the time off that badly.
I've head down the shared parental leave route as it has recently been advertised as an option at work.
Until your comment I didn't know that unpaid leave was an option. I have now read out 'family friendly' policy and could get 4 weeks per calender year unpaid. However, I'm not sure if it's the wording of the document but it appears that if the total leave period is greater than 4 weeks then I have better rights to return to my original job under the shared parental leave scheme.

I know this sounds bad, but like all good tax avoiders I would like to comply with the law.

paulrockliffe

15,679 posts

227 months

Wednesday 4th March 2015
quotequote all
Problem is if your intention is only to do whatever you do so that you can claim statutory paternity pay for that period then whatever you do will be fraudulent. What you're really asking is what can I do to stop myself getting caught?

camembert

Original Poster:

7 posts

109 months

Wednesday 4th March 2015
quotequote all
paulrockliffe said:
Problem is if your intention is only to do whatever you do so that you can claim statutory paternity pay for that period then whatever you do will be fraudulent. What you're really asking is what can I do to stop myself getting caught?
I presume that if she returned to work in a conventional part time job with the sole intention of becoming eligible then that would not be classed as fraudulent.
If the scale was fraudulent-immoral-normal I guess I'm asking how to make sure we stay on the immoral side of fraudulent.


The Moose

22,845 posts

209 months

Thursday 5th March 2015
quotequote all
I'd be using it as an excuse to get the misses to start a business on the side to contribute to the pot. You never know - it could turn into something successful.

You don't have to make a profit to be legitimately in business whistle

X5er

1 posts

30 months

Monday 4th October 2021
quotequote all
I know this is a while ago but I hope you managed to resolve this satisfactorily. What you were intending was non fraudulent at all and it seemed like there were a number of unhelpful people who were frustrated simply because you were looking to meet the eligibility criteria for shared parental leave and were clearly unhappy with your foresight and planning. It wasn't as if you were going back and pretending your wife was working or had been employed.