PRSI class for husband employed by wife

simplyjoe

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I know this has been covered before but these circumstances are different. My client and her mother are in a partnership. The partnership employs my clients husband in a genuine job. Can the partnership/husband pay a class A0/A1 stamp?
 
Part way down this page there is a section on family employments. The interesting lines are those which state that if the business is run as a partnershiop or ltd company then it is not a family employment. Does that mean that Class A might apply? Unfortunately the only way to get a definitive answer is Scope Section of DSFA.

I recall a case years ago I had where the daughter-in-law was employed by her father-in-law. Paid A rate PRSI, then claimed Maternity Benefit and was refused as it was deemed a family employment and all employer and employee A rate PRSI was repaid to them and she had to go on K/M class from there on.
 
Thanks Graham. I was afraid that this would be the case. Very hard to advise the client to go ahead and apply class A. A subsequent claim might be refused.
 
As you said, I wouldn't just automatically apply Class A for that reason, however Scope Section take quite a time to come back with answers to queries so if you want a definitive answer, I'd get on to them straight away.
 
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