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Not happy with LA - Carers UK Forum

Not happy with LA

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Hi all,

My name is phil and i am fulltime carer for my partner and we have 13 y.o. daughter.

When i first became fulltime carer approx 6 yrs ago i was told there was all sorts of help available via the local authority.

When asked about getting gym membership to be used as part of my respite, 3/4 times a week and the gym would prob cost about £250 just just over,the gym is 5 minutes away so i told the LA Tracey my other half wouldnt need some to sit with her as she could call me and would be home PDQ.

Now i have been told there is £1000 + for they own respiteeach year,but i dont want to leave my family while go away! so the respite fund has never been used.
After asking for the last 4yrs about the gym fee being paid i was told not long ago "that it is something we dont offer".
I have always tried to be fair and honest with the LA.
And after thinking................i dont want to be carer in role that i am.

So need advice on how to set up a caring business, then that business employs me to look after my partner, now please dont say it cant be done....because of conflict of interest or they LA dont have the money etc etc.

It may seem mercenary of myself, but when i retire will the government give me decent pension ha ah nope.

My sister in law looked after her own mum for 15 months before she passed, her mum had some money put to one side not alot, my brother and his wife added up they spent just under £90k in 15 months looking after her mum, they got no help from the LA other then carers visits from private company which cost £22.50 per hour afew times aweek.

I believe carers are made to feel guilty if we ask for more help, so take a look a this https://www.gov.uk/government/news/coun ... n-reserves.

Sorry about rant but something needs to change for us all.

PHIL.
Hi Phil ... one minefield observed on first reading ... employment law.

If an " Outside " carer is employed , all employment law coupled with health and safety regulations come into play.

I will assume that the caree , your partner , is willing to take responsibility for the enforecement of said statutory law , and has the means to pay a minimum of £ 7.50 per hour for the service received ?

That's a couple of immediate considerations even before you investigate the pros and cons of self employment , either as a stand alone , or shielded behind a limited company.

Needless to add , if relations between you and your partner begin to sour, things could get very messy.

If you elect to go down other , more practical routes , that's between you , your partner and the DWP / Inland Revenue.
You would have to set up a limited company, as that's the only way you could be an employee. You'd have to pay the fee (a couple of hundred) to a specialist service to register your company with Companies House.

You'd have to find someone to be the Company Director. They have legal responsibilities for your company. So would you, as a director. You'd have to keep all your expenses and income records and pay an accountant to create your account each year and file them with Companies House - say £400-£500 a year. And with HMRC. And deal with the PAYE and the corporation tax on your behalf. It's more expensive as a limited company than a self employed person because of all the complexities.

Every year you'd have to hold an annual general meeting with the Company Secretary and review the year, decide on dividends etc.

There's an added complication in the HMRC doesn't like these kind of companies because nearly all are set up to avoid paying tax as a self employed person. That would mean that the possibility of an investigation is raised. Investigations are a pain (I used to manage a team of tax inspectors) to everyone and can drag on for more than a year. They cost a lot of money in accountancy fees, so it's worth thinking about insurance to provide tax advice if it happens.

You could just set up as self employed, of course, but you wouldn't actually be self-employed. There are court cases that have decided what to look for as markers of self-employment, and a live-in carer wouldn't pass them. So, if you tried that, you could easily end up in a tax investigation.

The unfortunate truth is that it's political action that is needed, not trying to cheat the system. Or, if you are going to cheat the system, there must be safer ways to do it than that!
Your LA should be able to advise about Direct Payments, Payroll etc.then you provide the care and someone else does the paperwork. Read through the Care Act carefully.