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Direct Payments : Paying A Family Member To Care ? NO ... But The Jury Is Out And Showing No Sign Of Returning ! - Page 2 - Carers UK Forum

Direct Payments : Paying A Family Member To Care ? NO ... But The Jury Is Out And Showing No Sign Of Returning !

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68 posts
Resurrecting this thread as this Issue has appeared in a couple of recent threads.

Hopefully , someone upstairs in Carers UK will take an interest ... and spell out in plain English the dangers , as they stand , for any carer amongst the 6.5 million + strong carer army receiving DPs from their caree !!!

Sod's Law ... at some time in the future , there WILL be a case brought before the courts.

Sorry state of affairs if one carer can spot the dangers ... and neither of our supporting organisations can ???

Time to clarify once and for all , now !!!
I've read some but not all of this. I'm for ever being asked in the hospital if mum lives with me. I live with mum but if I didn't the LA and hospital would want her placed in a home.

So the family member plays a helpful role facilitating the in home care scheme, keeps people out of hospital waiting for placement and out of care/nursing home - all in return for attendance and carers' allowance pittance.
Very interesting !

Came across this 2009 report from the Carers Trust on DPs ... and the need to clarify whether or not family carers could be paid them by their caree.

A lot of what's in said report was discussed , at quite some length by us on CarerWatch.

A decade on and ... still a grey area ?

https://www.communitycare.co.uk/2009/03 ... ays-trust/

Rules on employing close kin as carers with direct payments are being changed by stealth, says Princess Royal Trust for Carers head.

Laws restricting people from using direct payments or personal budgets to pay resident family carers are being “amended by default”, a carers’ campaigner has said.

Alex Fox, director of policy and communications at the Princess Royal Trust for Carers, said although he backed giving carers the option to be paid by a loved-one, any change in the current legal position needed due consideration.

Last week’s evaluation of the impact on carers of individual budgets found differing practice among the 13 pilot councils on the payment of resident carers, which is allowed only in exceptional circumstances.

In seven pilots, carers were not paid from IBs unless there was “no feasible alternative”, but regulations were interpreted more flexibly in other areas.

Most suitable

In some cases, payments were permitted if loved-ones were deemed the most suitable people to take on the caring role, while other family carers were paid if they had given up paid work to care for an IB user.

The evaluation found practitioners had different views about paying family carers. Perceived advantages included giving users choice and providing carers with recognition, improved income and access to training.

Perceived disadvantages included changing the nature of a loving relationship by introducing a financial dimension, reducing carers’ eligibility for benefits and undermining voluntary care-giving.

Relax rules call

In a Carers UK survey on carers’ experiences of direct payments, published last November, 65% thought the rules should be relaxed.

Fox said the evidence from elsewhere in Europe on paying family carers was “equivocal” and said carers needed to retain choice over the level of care they provided and have access to other job opportunities.




Fast forward to 2018 and ... not a whisper from either of our " Supporting " organisations since.

Still , accepting the gauntlet , some readers will already be aware of my endeavours to get both AA and PIP payments ... from caree to carer ... clarified , once and for all , with the DWP.

https://www.carersuk.org/forum/support- ... arer-33078

Rhetorical question ?

Why does it take an individual carer ( Albeit former ) to do something our own " Supporting " organisations should be doing ????

The 2014 Care Act says that there should be what amounts to a 3 step process. An assessment, a personal budget, and then discussion how that budget should be used so that the person concerned decides who they want to care for them. Unfortunately, some authorities including my own, Hampshire, don't want to pay family members. My son has legal aid, and I can see this going to the court in due course.
Paying family members through DPs ... tack on AA and PIP ?

The whole essence of a potential , financial , Armageddon as detailed earlier.

Add on UNISON ... and their likely reaction ... and even Brexit might take a back stage ???
Synchronise with the AA thread ... interlocking ... yet again.

The bane of threads !
Diarise forward in line with the ATTENDANCE ALLOWANCE thread ... as they interlock.

Payment of monies by the caree to the carer.
I don't get any benefits other than the basic pension. When my son is home with me, I get NOTHING, despite the Care Act. I raised this again at the meeting I had yesterday with the SW.
M's needs are constant, he's brain damaged. HE should chose the who, what, why, where and when of the support he receives, not Social Services. If he is assessed as needing 9 hours every Saturday and Sunday, and has 6 hours of day service on weekdays, plus 3 hours dom. care, that's also 9 hours in total. 7x9=63 hours care in total a week. I get sweet nothing.
Although he's been at his flat each week, I've been expected to do a lot for him. LIasing with his advocate and mine, attending a meeting 15 miles away (that's 30 miles of petrol I have to pay myself).
Today was dreadful.
M thought the SW said to him yesterday that she was going to call on him on(e) Friday. So he expected her today.
Rang me at 10.30 asking when she was coming, I said I'd try and find out, and ring him back. I rang her office Line Manager was going to ring her, and ring me back. Rang M. to say what I'd done. No one rang back. I
rang LM again at 2pm. in a meeting until 3.30.
Finally rang at 5pm.
I'd stayed within earshot of the phone all day. Wanted to make GP appointment, sort out travel insurance, ring Specsavers, ring M's insurers, ring M's bank. None of it happened as I was waiting for the call.
And they wonder why I'm annoyed at meetings?!?!
Dementia funding in the news ... time to get this one back to the front ahead of my chaser to the DWP on the Attendance Allowance / PIP issue.
To summarise :

1. DPs paid to the caree , caree NOT allowed to employ a family member ... Employment law kicks in.

Family member / carer ceases to be a carer , now a worker.

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2. According to the Care Act , 2014 , LAs MAY approve such arrangement on an exceptional basis.

As such , does this override Employment law ?

If so , how ?

During this " Arrangement " , any protection under Employment law for the family carer ?

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3. IF a family member / carer does receive monies through DP's paid to the caree , such income is required , by law , to be reported to the HM Revenue and Customs.

If not , potential for the HM Revenue & Customs to take action against a family carer. Could be " Entertaining " if said family carer was also claiming income related benefits !!!

If not needed to be declared , why ?

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4. AA / PIP monies ... benefits ... same as DPs if paid over to a family member ... neither benefit specifies where these monies should go beyond " The additional costs associated with disability. "

If the family carer receives these monies , and is claiming income related benefits as well .... ?

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5. As with DPs . monies paid over from AA / PIP to a family carer ... HM Revenue & Customs again ?

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That's the main concerns ... a cesspit that needs cleaning before someone out there falls foul of the law ... without knowing it !


If any reader spots a flaw in the above , shout ... loudly !!!
68 posts