Employing A Family/Relative Direct Payments

Options
Hi,

The social work advocate that this is strictly not allowed, while the care act section 4 states it is allowed under exceptional circumstances.

My question is do the exceptional circumstances need to be proved in documentation or another person as a witness?

I've been told twice by the social work I cannot be employed by my brother due to living in the same household. I have now spoken to 2 people and 2 agencies that hire people within their own families to look after them.
«1

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    You now seem to have started two threads on the same subject https://forums.moneysavingexpert.com/showthread.php?t=5965836

    Might be helpful to delete one.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • whambam
    whambam Posts: 508 Forumite
    Options
    Its a separate service. One is public funded other is private through your parents or relatives estate.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    whambam wrote: »
    Its a separate service. One is public funded other is private through your parents or relatives estate.

    Apologies - I obviously misunderstood.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Cyclamen
    Options
    I do know people who have been allowed to employ family who live at same address using direct payments.. it is however rare.
    In one case it was a daughter working for a mother who had fluctuating needs.
    The second case was on religious grounds due to specific cultural needs.

    I looked into this as my care agency couldn't provide the support i needed and my health deteriorated. My husband was picking up a lot of 'shifts' and turning away his own clients to do this.... we were not approved.

    I researched the criteria and wrote a formal request detailing how we fitted into the relevant categories but they declined. In the end we gave in and my husband stopped working completely as he couldn't make his 16 hours for working tax credits (he's disabled too) and pick up all the cancelled shifts and 'stuff that can't be timetabled'.. so for us it's carers allowance with an income support added.

    You need to read the care act and find the relevant criteria.. quote it and write a reasoned argument asking for a reply in writing
  • whambam
    whambam Posts: 508 Forumite
    Options
    I know 2 people who employ their relatives, however they don't discuss their reasons they gave. There is also a couple of agencies that do a service called 3rd party option called Homecare direct and Solo services care, you register with them and they manage your budget and payroll and you can look after your relatives. You could check with them.

    Do you just have to convince them or do you require any evidence to show that you have tried to recruit the right people (non relatives) and you have been declined they are not willing to carry out specific duties for this amount of wage per hour.

    I never thought of mentioning the care act to them. Thanks.
  • KatrinaWaves
    Options
    whambam wrote: »

    Do you just have to convince them or do you require any evidence to show that you have tried to recruit the right people (non relatives) and you have been declined they are not willing to carry out specific duties for this amount of wage per hour.

    What are you actually trying to achieve? You have made a few posts now with what appears to be the aim of employing a family member to care for you and ways to achieve this.

    Care work is generally low paid, some at NMW, and care work usually involves the less fun jobs of toileting and personal cleaning etc. What tasks are you asking these professional carers to do that they are unwilling to do for the wage offered?
  • whambam
    whambam Posts: 508 Forumite
    Options
    Loads of things they say they will do but don't then they report you as you have no evidence and they stop your funding because of it.

    Simple things like put the trash out. They refuse its not my job. Doesn't it come under the category cleaning not according to them a family member would not hesitate or even question doing it.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    First Anniversary Name Dropper First Post
    edited 18 February 2019 at 2:17PM
    Options
    whambam wrote: »
    Loads of things they say they will do but don't then they report you as you have no evidence and they stop your funding because of it.

    Simple things like put the trash out. They refuse its not my job. Doesn't it come under the category cleaning not according to them a family member would not hesitate or even question doing it.

    You need to make it clear at the outset what your needs are to work out what they can provide. Putting your bins out could be considered a cleaners task rather than a carers task, but it would depend on the service level.

    A relative was an in home carer and they had many 'chore' items in their work description. The only thing she ever put her foot down and refused to do was to clean up after pets, which was not part of the care agreement for the household.

    In answer to your question, on the example given, would you get direct payments to employ a family member based on the family member being willing to put a bin out and an independent professional carer will not, then no. As stated it has to be an unusual situation, and most family members would put your bins out for you for free when they popped over, rather than being paid to do it.
    You state you live in the same house as your brother, so it is pretty much expected you would put the bin out for him, because it will also be your bin, and your rubbish.
  • whambam
    whambam Posts: 508 Forumite
    Options
    You've not answered my question.

    Yes, I agree you need to make it clear backed up by reference points of the care act as the social work have their own interpretation of the law.

    It's not just for clearing out the bins its religious, cultural and fluctuating needs of the person.

    Also, the fact you are unable to find a reasonable agency to carry out tasks you ask them for national minimum wage they all charge above £10 per hour which would require a weekly personal contribution for a disabled person who doesn't work.

    My question is do you require written, oral evidence you tried to get an agency or PA's to do certain tasks and they refused or overcharged, or didn't have transport or live close by.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards