Live-in-carer not getting paid

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Hi, I wonder if anyone could kindly assist me.

I am in receipt of Direct Payments due to long-term Motor Neurone and employ both agency and live-in support, I have a carer supplied by a local agency who gets me up, washed & dressed etc, this equates to 8 hours per week and then my live-in-carer supports me throughout the day and night.

My live-in-carer gets paid an hourly rate of £8.50 and works on average 41 hours per 7 day week, this is made up of 15.5 hours for such things as taking me out to the cinema, to visit friends & family, shopping, Ironing, Cleaning, regular doctor & hospital visits and preparation of my lunch & dinner 7 days per week, I then receive 3.5 hours per day as I need full support for such things as toileting, feeding, physio, drinks, repositioning, medication, use of nebuliser, blood sugar monitoring (Type2 Diabetes) and then with assisting me through the night with putting myself to bed, regular turning, repositioning, medication, toileting & occasional use of my nebuliser.

The reason for me posting this message is that if I did not employ a live-in-carer then Direct Payments would have to significantly raise my package as I would need carers coming throughout the day and more importantly a carer to stay during the night hours, as my carer is a live-in-carer Direct Payments insist that she does not need to be paid once she has put me to bed, this I believe is completely wrong as she still has to get up 4-6 times each night to assist me.

If I need to go to the toilet which I generally do at least once per night then this procedure alone can take between 30 & 50 minutes depending on how long I am on my toilet, 20 minutes of this time is due to hoisting with 2 different hoists, sling fitting, moving & positioning myself back in bed.

One of the clients that my morning carers go to also has Motor Neurone which apparently is not quite as advanced as mine yet he receives significantly more hours and has a carer to stay during the night provided by the care agency even though they rarely have to get up to assist him, all paid for by the same Direct Payment team as myself.

Surely it is wrong that my carer is not getting paid for doing a job that Direct Payments will pay for if she was not a live-in-carer.

The annoying thing is that I am contributing a lot of money towards my care even though I don’t work, have no savings or investments, don’t own any property & am currently in over £28,000 debt with loans & credit cards, all due to 12 years of personal contributions to both ILF & Direct Payments.

Despite many letters I am having to contribute £121.00 towards my care agency costs as Direct Payments will only pay so much, £260 personal contribution direct to Direct Payments and my full weekly award of £62.45 Severe Disability Premium, that’s approximately £630 every 4 weeks

So here are my questions:
Q1: Should Direct Payments be paying my live-in-carer for the night time hours.

Q2: If yes then should they also back date her hours.

Q3: Are Direct Payments & the now defuncted ILF correct in taking so much money from myself even though I have informed them many times during the last 8+ years of my financial difficulties and debt.

Q4: If they are wrong then should I be allowed to ask for money back, if only do rid myself of my increasing debt.

Thank You, Paul x
Hi Paul .... in answer to Questions 1 & 2 .... Sleepovers ... you may want to have a read of the separate thread which deals with the current situation :

https://www.carersuk.org/forum/support- ... vers-28622

A potential minefield as you would be the " Employer " if any payments are from you , and NOT directly to the care worker from the LA.

As to question 3 , the level of DPs is mainly at the discretion of the LAs despite guidance provided by the Care Act 2014.

Again , a recent thread deals with this specific issue in relation to the fallout from the Luke Davey case ruling :

https://www.carersuk.org/forum/support- ... seat-30901

I would suggest spending a few minutes on these two threads , ponder ... and then let us have your further thoughts in the light of the information revealed therein.

As to question 4 ... level of debt ... that is of no concern to the LA ( Or DWP ) .... only income is taken into account when assessing means tested benefit levels .... the LAs are only interested if your council tax is paid or not.

As an aside ... the sums mentioned ... most readers could only dream of receiving as this Forum is for unpaid ( Usually family ) carers as opposed to care workers who chose to care in exchange for wages.

Assuming a 24 hour day care need , at minimum wage ( Without pension contributions / holiday / sick pay ) would cost you a minimum of £ 1,260 per week. , with a minimum of 3 carers on rota to ensure that the working time directive is observed.

In contrast , a family carer providing the same level of care would receive £ 62.70 ... provided said carer could jump through several hoops to claim said CA in the first place .... enjoying NONE of the emplyment laws to boot.

Funny old world ... it ain't ?
Hello Paul

I would suggest that you contact our Adviceline team who should be able to give you advice on where to find the answers you seek - perhaps case precedents that you would be able to quote to your LA.
Need expert advice? You can talk to the Carers UK Adviceline five days a week, no matter where you are in the UK or how complex your query is. We do benefits checks and advise on financial and practical matters related to caring.

Freephone: 0808 808 7777
email: advice@carersuk.org

Carers UK’s advice and information team based in London is undergoing staff changes. This means the Adviceline is closed on Thursdays and Fridays whilst we recruit and train new members of staff. We will be taking calls on Monday – Wednesday between 10am and 4pm. . You can email or write to the Adviceline and we will respond to your enquiries within five working days.

The Carers UK Adviceline also includes a listening service, there for you to talk through your caring situation with a trained volunteer who understands what you are going through. Available Mondays and Tuesdays, from 10am to 4pm
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If you can’t get through on the phones (lines are often oversubscribed) then send them an email, they’ll usually get back to you within 3-5 working days.