Interesting article about direct payments

All about money
It mentions a way around social work who simply refuse to follow direction of the vulnerable person who wants to employ their family members in the same household as their caregiver/worker.

https://www.communitycare.co.uk/2017/09 ... t-payment/
Already posted in full ... page 1 of the main DP thread :

https://www.carersuk.org/forum/support- ... -out-30902


Part of the whole analysis of the DP issue.

Out of curiosity , what conclusion would you draw on the evidence presented ?
Paying a relative through a direct payment

If one looks at the Care Act direct payment regulations, one finds that there is no rule against a parent not living in the same household, being paid to do the care. There is a presumption against any spouse or cohabitee or other specified close relative living in the same household, including a parent, doing the care, but even then, a discretion may be exercised to permit it, if it is necessary.


( But , if the caree employs a family carer to care , Employment law kicks in ! Provided that is observed to the letter , what's the problem ? Family member is NO LONGER A " CARER " , now a paid worker. )

Just one bit of the whole jigsaw puzzle that does NOT fit together ?

DWP view ? HM Revenue & Customs view ? LAs view ? NHS view ?

Yep , with CUK to sort out !

( DPs have been around for a decade ... I asked a simple question ( As I did with AA / DLA / PIP / SDA ) ... the rest is
now for all to see.

Begs the question ... what else out there needs a little bit of testing / digging ???

21 Hour Rule is built on sand ! )


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A little twist ?

Caree employs a family member to care.

Said family member forms a limited company ... separate legal entity !

Under DPs ... allowed ... or perfectly within the law ???

( Both the TaxMan and DoleMan happy ... tax being paid , no benefits being claimed. )

Expenses ... as an employee , many can be claimed ... as a family carer , none !!!

Going rate charged ... fine ? ... if premium rate ( Say £ 25 instead of £ 15 per hour ) ... and to decrease the caree's assets when it comes to care home considerations.... deprivation of assets ... a whole new dimension ???

Whose first for THE court case to determine once and for all what is allowed ... and what isn't ?

( Perhaps I should start charging for some of these ? )
Great info. Chris.

What's the 21 hour rule not heard of that before?

Can you form a limited company to care for an individual/individuals?
21 Hour Rule in all it's glory :

https://www.carersuk.org/forum/news-and ... tion-29098

( Best bit ? 2 disabled persons both caring for each other. Both study at the same course , each needs the other to attend. NO
impact on the disability benefit side ( If no grant payable ) BUT ... each would lose their Carers Allowance if their studies take
them over 21 hours per week. )


Again , merely through testing an age old assumption ?

( Public transport ... a guide dog travels free with a blind person ... a human carer does NOT ! )

Carer / caree / limited company ?

Feasible under present Law ... provided the TaxMan is happy , only leaves those with possible , future , interests to mount a
challenge in the future ... hence the deprivation of assets hurdle with a potential move into a care home.

I have assumed NO benefits paid to the the carer... now employee ... Carers Allowance ceasing on becoming an employee.

There are all sorts of possibities here , most are technically " Illegal " but ... still open to be explored.

( I did set out the whole scenario within the main GREEN PAPER CARERS STRATEGY thread ... in line with present Government
policy in reducing the burden of caring on the State ... not one comment ! )


In short , AND PURELY FROM THE INTERESTS OF A FAMILY CARER , no more Carers Pittance ... one's pay depends on their caree !

Trouble is ... no caree / no carer ... a partnership ... what would be good for the carer would also be bad for the caree.

As now an employer / employee relationship , perhaps the local Union rep would step in to mediate between the two sides ???

For the cherry on the top , let me introduce you to our Lord Kitch ... everything that needs to be challenged under one thread :

https://www.carersuk.org/forum/news-and ... rd%20kitch

Most on there have been in place for DECADES !!!!!