employed by spouse, can I claim fis?

A

Aimeec

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My husband is looking to hire someone on a part time basses to work in his office. If he hires me can I claim fis? Does this class as employment as he is a sole trader and we are married?
 
No, this will not be allowed. I doubt (but not 100% certain) it would be allowed even if you were employed through a company he owned.
 
gipimann said:
Here are the operational guidelines for Family Income Supplement (FIS):

http://www.welfare.ie/en/Pages/Family-Income-Supplement.aspx

There is no specific exclusion for persons employed by family members, provided they are classed as employees. Your husband's income will be assessed as part of the means test for FIS.
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Whao! Massive apologies if I'm wrong on this.

Seems like a massive loop hole around the having to be employed to get FIS.

Ignoring the OP's situation - assume a self employed person with unemployed spouce. What's stopping the self employed person (say carpenter) putting their spouse on the books and paying them very little (assume spurious role spending 30 hrs a week polishing his tools). Would they then qualify for FIS?
 
Redone said:
Whao! Massive apologies if I'm wrong on this.

Seems like a massive loop hole around the having to be employed to get FIS.

Ignoring the OP's situation - assume a self employed person with unemployed spouce. What's stopping the self employed person (say carpenter) putting their spouse on the books and paying them very little (assume spurious role spending 30 hrs a week polishing his tools). Would they then qualify for FIS?
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There's no loop hole and a spouse is as entitled to be employed by her husband as by anyone else. Also an employer, whether a family member or not, is obliged to comply with the law which includes paying the minimum wage. The qualifying criteria for FIS are very clear and there is no grey area. The most important point about this thread is DYOR and don't take the advice from some random person on the internet, including me. I hope the OP isn't adversely affected by some of the advice given on this thread.
 
Hopefully the OP will revert when they have spoken to Social Protection.

I'd be surprised if being "employed" by a Spouse would be an employee for FIS. The reason for this is that an "employment" with a spouse is not considered "insurable employment" for PRSI purposes ie no PRSI is due.
 
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