CHILDCARE VOUCHER POLICY HUMAN RESOURCES DEPARTMENT 11th September 2006 Introduction The London Borough of Richmond upon Thames believes in supporting employees to balance work and family commitments successfully and has introduced policies and flexible working practices as a result. To add to these we have adopted a voluntary Childcare Voucher Scheme which enables parents to make the best use of the government tax concessions on childcare costs. Overview of Policy The London Borough of Richmond upon Thames works with an external provider, Imagine Co-operative Childcare, to provide and administer the Childcare Voucher Scheme. For more information, visit: www.imagine.coop The Childcare Voucher scheme enables you to agree to ‘sacrifice’ an amount from your monthly gross salary in exchange for childcare vouchers to use against your childcare costs. On payday you will receive a reduced salary and your Childcare Voucher account with Imagine Co-operative Childcare will be credited with the equivalent amount in childcare vouchers. You will not pay tax and national insurance on the amount of the salary sacrifice. You can choose to sacrifice up to a maximum of £243 per month. You can choose to ‘sacrifice’ less than this amount, but no more than this amount. This is seen as a variation to your contract of employment and you will therefore be required to sign an Amendment to Contract. There is no charge to either you or your chosen carer(s) for participating in the scheme. We, as your employer, save our Employer’s National Insurance Contributions on whatever you decide to “sacrifice”. These savings allow us to pay Imagine for administering the scheme, so there is no real cost to us as the employer. Eligibility to Join the Childcare Voucher Scheme You can join the Scheme if you are a permanent employee or an employee on a fixed term contract. Employees on a casual contract cannot join the scheme as there is no guarantee of pay each month. your child must be under 15 years old (or under 16 years old if your child is registered disabled) you must be the parent of, or have parental responsibility for the child in respect of whom the Childcare Vouchers will be used to provide childcare your salary must not fall below the national minimum wage after the salary sacrifice has taken place your childcare provider must be registered or approved Registered or Approved Childcare You can only use Registered or Approved childcare if you want to pay them with childcare vouchers. Any carers who are not registered or approved CANNOT be paid with childcare vouchers. This is because the Inland Revenue have said that in order to save Tax and National Insurance, only registered or approved childcarers can be paid in this way. Most common forms of childcare are registered. Nurseries, childminders, Out of School Clubs and Holiday Play-Schemes are usually registered with Ofsted. It has now become possible for other carers such as nannies to become approved through SureStart. Before you join the scheme, please ask your carer if they are registered or approved and also check that they are happy to be paid with Childcare Vouchers. You are responsible for choosing the childcare provider and agreeing terms with them. The London Borough of Richmond upon Thames and Imagine Co-operative Childcare do not accept liability for the standard of childcare service provided by your childcare providers. Joining the Childcare Voucher Scheme You may join the scheme at any time so long as you ensure that you complete your set-up details with Imagine Co-operative Childcare, and send a signed copy of your application form (produced by the Imagine Co-operative Childcare system) to Human Resources by the 3rd working day of the month in which you wish to start receiving the childcare vouchers. If your signed copy of the application form is not received on time, you will be automatically added onto the scheme for the following month. Please be aware that childcare vouchers cannot be backdated e.g. electing to take two months’ worth in one month. Please send your signed copy of the application form to Human Resources Department, 1st Floor, Civic Centre, 44 York Street, Twickenham, Middlesex, TW1 3BZ, marked for the attention of the Employee Realtions and Engagement Team . When you join the scheme, you should intend to join the scheme for a period of 12 months however we do not have a minimum stay period; therefore you are able to opt in for a few months if you wish. The maximum amount you can choose to take is £243 per month. This equates to £2,916 per year. You can choose to take less than this amount if you wish. You should intend to take the same amount each month. Calculating the amount required in Childcare Vouchers You need to think carefully about how much you realistically spend on childcare in an average year. If you are someone who spends over the maximum available in Childcare Vouchers, the answer is simple - elect to take the full amount of £243 per month. Some parents however may only have a need for part time childcare, for example, when their children are at school and so only need care in the summer and on school holidays. If this applies to you, please calculate the AVERAGE monthly amount you think you will need. To do this, look at the approximate amount you spend on childcare per year, and divide by 12. Example: My summer holiday play-scheme costs £100 per week for 6 weeks. I pay for another 6 weeks care during Easter, half term and Christmas holidays, which is another £100 per week. The approximate total I pay per year is £1200. £1200 divided by 12 months is £100 per month in Childcare Vouchers. Remember that you do not need to use your childcare Vouchers every month. You can save them up until you need them as they are valid for 5 years. Leaving the Childcare Voucher Scheme You can choose to leave the scheme or change the amount being received in childcare vouchers at any time as long as you have a ‘lifestyle change’. A ‘lifestyle change’ is something that significantly changes your childcare requirements. Some examples are: Pregnancy Change in working hours Change in your partner’s working hours Redundancy Redundancy of a partner Leaving the company Death of partner/child Your childcare needs change This is not an exhaustive list, but please be aware that these are the types of circumstances where changes are acceptable. It is not expected that such changes will occur very often and Payroll will only administer up to three genuine changes in a rolling year. If, frequent requests are made and it is considered that the individual is not complying with the spirit of the scheme, Payroll reserves the right to end the arrangement. If you leave the scheme you are able to rejoin in the same financial year the approval of your application will be considered by Human Resources. Refunds Imagine Co-operative Childcare cannot refund you directly as any monies in your account will be subject to income tax and National Insurance Contributions if you are no longer using it for the payment of eligible childcare. Therefore all refunds will need to come through payroll at which point all relevant Income Tax and National Insurance Contributions will be collected. If you are leaving the Council and have an outstanding balance in your Imagine... account, you can either retain your account until all of your funds have been used up paying for childcare or you can request for a refund through payroll. You must apply for this refund prior to leaving the Council in order that your P45 details are correct. The London Borough of Richmond upon Thames Employee Benefits Joining the Childcare Voucher scheme will not make a difference to your employee benefits. It has been agreed that all benefits such as overtime, redundancy and pay increases will be calculated on your gross salary (Notional Salary) before the childcare vouchers are deducted. Statutory Benefits Statutory Maternity Pay, Paternity Pay and Adoption Pay Statutory Maternity Pay (SMP) and Statutory Adoption Pay (SAP) can be reduced by you participating in a salary sacrifice scheme. This is because SMP/SAP is calculated using the actual cash pay you receive (i.e. earnings that are subject to National Insurance Contributions). By participating in a salary sacrifice scheme, you are effectively reducing your cash pay, therefore should you be made redundant, the amount of SMP/SAP you will be entitled to could be less than you were entitled to prior to joining the salary sacrifice scheme. To avoid any negative impact on your SMP/SAP, you should come out of the salary sacrifice scheme 23 weeks prior to the expected week of childbirth/adoption. This is because your maternity/adoption pay is calculated over the 8 week period prior to the 15 week period before the expected week of childbirth/adoption. Statutory Paternity Pay (SPP) should not be affected by entering into a salary sacrifice. You are entitled to two weeks paternity pay; one week paid at full pay and one paid at the SMP rate of £108.85 per week (or 90% of your salary if it is lower) However, it is unlikely that it will be less than the £108.85 level as you would be close to receiving minimum wage and would therefore not qualify for the Childcare Vouchers scheme. SPP also applies for adoptive fathers. The following websites provide further information. http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp Statutory Sick Pay Statutory Sick Pay (SSP) can be reduced by you participating in a salary sacrifice scheme. This is because SSP is calculated using the actual cash pay you receive (i.e. earnings that are subject to National Insurance Contributions). By participating in a salary sacrifice scheme, you are effectively reducing your cash pay, therefore should you be made redundant, the amount of SSP you will be entitled to could be less than you were entitled to prior to joining the salary sacrifice scheme. The following website provides further information. http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp Statutory Redundancy Pay Statutory Redundancy Pay (SRP) can be reduced by you participating in a salary sacrifice scheme. This is because SRP is calculated using the actual cash pay you receive (i.e. earnings that are subject to National Insurance Contributions). By participating in a salary sacrifice scheme, you are effectively reducing your cash pay, therefore should you be made redundant, the amount of SRP you will be entitled to could be less than you were entitled to prior to joining the salary sacrifice scheme. Tax Credits Tax credits will be affected in most cases should you decide to participate in a salary sacrifice scheme. However, it is difficult to give you a clear picture as to the precise affects that may occur, as tax credits are very different for each individual’s circumstances. The Tax Credit office at Inland Revenue are currently developing a calculator which will enable you to work out if you would be better off staying with your current tax credits or joining the salary sacrifice scheme for Imagine... childcare credit. As soon as this is made available, we will provide the necessary link so that you are able to check for your own personal circumstances. Until the calculator is created, what we are safely able to advise is that if your current childcare costs meet, or exceed, £2,916 per year, and you are currently in receipt of less than £670 in tax credit assistance annually, then you would receive greater financial benefits by joining this salary sacrifice scheme. Should your tax credit assistance exceed £670 per year, we would advise that you contact the Tax Credit office and request that they perform some comparative calculations, so that you can see clearly which route will be most beneficial for your own circumstances. Further information is available on the following link. Tax Credits Help Line: 0845 300 3900 http://www.inlandrevenue.gov.uk/specialist/salary_sacrifice.htm https://www.taxcredits.inlandrevenue.gov.uk/Qualify/WhatAreTaxCredits.aspx State Pension The State Pension consists of two pension elements. The first is the Basic Element. By entering into a salary sacrifice scheme for Childcare Vouchers, you must earn at least minimum wage in cash earnings to participate. This automatically preserves your entitlement to the Basic Element of the State Pension. The Second element of the State Pension is an adjusted amount depending on what you earn above minimum wage, known as the Additional State Pension or the State Second Pension. By entering into a salary sacrifice for Childcare Vouchers, your contributions towards the State Second Pension will be decreased for the duration of the time that you participate in the salary sacrifice due to the fact that your salary is seen to reduce for this period. Childcare Vouchers are not treated as a pension-able element of salary for the State Pension. You can get a pensions forecast by clicking on the link below. The effect on you State Second Pension pay out will be miniscule. If you are contracted out of the State Pension, then there will be no impact by entering into a salary sacrifice for Childcare Vouchers. Further details are available on the following websites. http://www.thepensionservice.gov.uk/ Other State Benefits If you are currently in receipt of other state benefits not covered in this information, then you should carefully consider what the effect on them may be, prior to opting into a salary sacrifice scheme for childcare vouchers. Entering into a salary sacrifice scheme for childcare vouchers will reduce your level of salary by the benefit amount you have opted for. This means that for state benefit calculation purposes, whatever amount you have sacrificed will not be included as salary or earnings. The effect may be to reduce your entitlement to the state benefits in question. This is normally not a significant reduction, but may vary depending on your personal circumstances, so we do recommend that if you are in any doubt that you should check before proceeding. For further information on other state benefits, you may find the link below useful. http://www.dwp.gov.uk/ This Policy Hopefully this policy document will have made the rules of the Childcare Vouchers Scheme very clear, and will help determine whether it is a good benefit for you. Further Information For further information and enquiries about the Childcare Voucher Scheme please visit the Imagine. website at www.childcarevouchers.coop; or email vouchers@imagine.coop or call on freephone 0800 458 7929.