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Carers UK Forum • Direct Payments: employing a family member?
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Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 10:35 am
by Martin_19081
Hi,

I was wondering did anybody manage to get Direct Payments to employ your spouse or partner? :-???
I've copied the advice below from elsewhere on these forums.

NHS :

In some situations, employing a family member to provide care or administrative support may be an option. However, the council needs to agree it is necessary for you to use direct payments to employ a spouse or partner, or a close relative you live with.

For example, during the care planning process, you may explain that only the family member could fulfil the role – for example, for religious or cultural reasons.

Thank you.

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 10:37 am
by Chris From The Gulag
Hi Martin.

Love it !

Have a GOOD read :

https://www.carersuk.org/forum/support- ... 20payments


Afterwards , feel free to add your own interpretation.

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 11:20 am
by Martin_19081
Hi Chris,

Thank you for your swift reply.

That is exactly the guidance I've been reading. I was wondering did anybody manage to put it in place and is it worth the anxiety of 'fighting' with County Council?

Kind regards.

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 11:28 am
by Chris From The Gulag
Said " Problem " has been with the CUK Advice Team for just under one year.

Nothing at all received in response from them.

The John McDermott case ... only clear indication so far ... paying a family menber to care through Direct Payments CHANGES the
relationship from carer / caree to employer / employee ... and triggers EVERYTHING associated with Employment Law !

( In short , what I had been saying since year zero ! )

Until some other case comes along ... and the Ruling changes the one in the JM case ... that should be the benchmark ...
IRRESPECTIVE of either the NHS or any LA suggesting otherwise !!!

Best guesstimate ?

Hundreds of thousands of carers potentilly at risk through receiving DPs ... both the DoleMan and TaxMan in the wings.

If that isn't a " Priority " for CUK to sort out , I might as well leave this forum forthwith.

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 1:41 pm
by Rosemary_1706
Hospital/social services and district nurses all assume some family member is available to care, until you want to be paid and then you need to argue you're a special case! Then pay your taxes and risk losing your other meagre benefits!

PS: so there is a 'care planning process' involving the family? That's good to know!

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 1:45 pm
by Chris From The Gulag
Interesting case from Oxfordshitre just posted on the main DP thread.

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 2:35 pm
by Martin_19081
Thank you Chris, very interesting !

Re: Direct Payments: employing a family member?

Posted: Mon Aug 19, 2019 2:43 pm
by Chris From The Gulag
I wish it were not !

Problem has been with us all since the bloody things came into being back in 1996.

23 years later ... at least one person is still asking the right questions ???

Re: Direct Payments: employing a family member?

Posted: Fri Aug 23, 2019 11:56 pm
by pipsy
I know someone who gets 2 seperate direct payments for his son and daughter will high needs and they all live in the same household. He said you need a guardianship order and takes 2-3 years of fight against the social worker managers.

Re: Direct Payments: employing a family member?

Posted: Sat Aug 24, 2019 6:53 am
by Chris From The Gulag
Can you spell out the precise details , Pipsy ?

They could be useful to others in a similar situation.