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DIRECT PAYMENTS - Page 2 - Carers UK Forum

DIRECT PAYMENTS

Share information, support and advice on all aspects of caring.
Whats the point of getting direct payments to employ the same agency that we are getting just now plus have the hassle of paperwork etc?
Admittedly some areas are better than others when it comes to Direct Payments.

I guess, it depends on how helpful your local services are doesn't it.

marie x
Our problem is because our son needs 24/7 care and has been assessed because of Health & Safety rules as needing 2 workers there isn't enough money in the combined pot between ILF and Direct Payments to cover the hours he needs. It comes up at over £100 a week short.
I dont know how it works in Scotland but if you have a PCT can you apply for extra funding from them??
We are being pushed down the direct payments,
my wife needs a mental health support worker
and the last one they had went of sick and can not supply another one
but if we accept direct payments then they can
but no one on the mental health team knows exactly how they work, can any one please advise how they work in mental health please.
I'm not being pushed into the DP route; it's more like I've been hurled off a cliff into a quagmire where DP is now the only available resource for a particular element of the care package.

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pam r
If we are to be classed as employers re this direct payment scheme, does this mean we have to adhere to all the rules and regulations of the human rights act for our employees and our carees, as the social services are bound to at present if they provide care services.
1. If so, why arent we being educated about this?
2. What backup do we family carers have legally if an employee under the direct payments scheme decides to complain under this act should something not be suitable to them?
3. If we cant provide the health and safety regulations deemed appropriate for paid care workers, as 'employers' would we be subject to prosecution?
4. If none of this is applicable to us family carers employing people on direct payments, where is the protection for our employees should they be faced with a genuine complaint under this scheme?
5. If our carees are the ones granted direct payments and not us, where do they stand legally regarding all the above if they are unable to cope with all the legal issues, and where do we stand if we dont have power of attourney to protect them?
6. If our caree is of sound mind but of severe disablement and ill, will direct payments give us family carers the right to intervene if we think the paid care worker is not up to standard ?
If so, are we given any information regarding this if we agree to employing someone we know who we think may be suitable but turns out not to be, and they then file a claim of wrongfull dismissal if we want to employ someone else?
7. Or, should our carees have to employ private agency staff at high prices for protection from this,
no wonder there are more and more private care agencies opening up everywhere , begging for care workers , no experience needed etc etc.
I still fail to see this option as the best for our severely disabled and sick carees.
x
Whoever is the recipient of the direct payment is an employer, with all the legal duties of any other employer. Some areas have direct payment management schemes that can help with this, but few - if any - seem to offer full support and training to direct payment users. I know of at least three people who have fallen foul of this and others who were given wrong advice by their social worker/direct payment adviser.

It is a minefield and it is why direct payments are a choice: it is very clear in government guidance that no one should be forced to accept only a direct payment. If a service is unavailable any other way than a direct payment it may not be lawful, and I would strongly suggest that you contact the Carers Line for advice.
I would like to add something from the other side of the coin.

If you employ through an agency and your PA goes sick,falls pregnant etc,it is the agencies responsibility to provide same cover.
If you employ a PA privately and a PA goes sick,pregnant etc,you have to find your own replacement and out of the same pot of money you have to pay your original PA their sickness pay and you also have to pay the replacement PA.Thats why the hourly rate supplied by social services is not fully paid out and you are asked to 'bank' some.This does not work though when the hourly rate set by an agency exceeds what the LA allow and any shortfall has to be made up by the family.
One of the things that has surprised me when it happened was, on the death of a disabled person who was in receipt of DPs,the PA who was employed privately, was entitled to a form of redundancy.All of the above is usually explained in a PAs contract.

Has anyone else heard of incidents like above.I am only going by what I was told were my own entitlements.