Overnight stay backpay and direct payments - What now?

Share information, support and advice on all aspects of caring.
Hi all,

Just wondering if anyone can shed some light on what to expect now that the courts have overruled this "more for sleep ins" decision.

I'm a paid carer through the direct payments scheme and gets paid for several sleep ins a week along with another carer for the same person. The independent living company who manage our caree's account raised the overnight pay from £35 flat rate to minimum wage for ten hours back in the autumn of 2016. This was a significant pay rise for me, as I barely broke £1,200 a month before and as a result of the overnights pay increase I was able to get a mortgage with my partner who is also disabled but fortunately able to work still.

Now I'm hearing that the decision to pay carers more for sleep ins has been overturned, what does this mean for those of us who have already had their overnight pay increase? I know of several people who's caree's account is managed under the same independent living company who are all starting to worry they'll take a duck in pay after almost two years....

I'm having a hell of a year so far, so I'm trying not to panic that we could be up the creek if they reduce these overnights. My employer (as far as I know) has had zero control over what I'm actually paid, that's all been down to the Independent Living company who manage everything and cost/budget what the local council pay over in direct payments. However, as we all know the "employer" is the disabled person I care for and I'm worried they will be the one's held to account when the local council cut their budget.

I've read that Mencap intend not to reduce the rate of overnight stays, but does anyone have a clue yet how other companys/direct payments will be affected? Is it even legal for them to cut pay like that once it's been established? I'm extremely worried, not only for myself but how this is going to affect my caree and those like him both in terms of the standard of care they get and also being lumbered with the blame if the-powers-that-be decide to go back to a flat rate.

Any advice would be appreciated. Thanks all!
Hi Lea.

Sleepovers ?

The main thread :

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

As you appear to be a paid care worker , I recommend seeking guidance from your union ... Unison ?

This forum is for family carers ... £ 1200 per month ... around 4 times the level of Carers Allowwance only one in fourteen of the 7.6 million of us can claim.

The Court Ruling is still being digested as the above thread indicates.
Hi Chris,

I'm not in a union as the person I care for is actually one of my relatives, and so I'm not certain where I'd stand on joining Unison because of that.

I appreciate I'm in a very fortunate position as a paid carer, and without this job I'd have to go back to claiming only carers allowance for my partner. However, since you have information/links on the situation I thought someone here might have an early idea of what to expect going forward.

Thanks.
Your welcome.

Have a good read of that thread ... a problem since DPs were first muted over a decade ago.

The comments made ... at that time ... proved to be very apt.

Started by me as I saw the danger to individual carees ... NOT the Mencaps of this world !

As for backpay and the present status quo , much will depend on your employer ( In the absence of a union ).

What is their stance on the Court of Appeal ruling ???

Any chance of a challenge if they do NOT uphold the Ruling ?

Specialist advice may be needed to do so.

Again , think union ...