Direct payment and holiday pay

My husband went to a permanent care home last month. Previously I received a direct payment for 3 weeks respite per year. The carer only did sleepovers and I paid her above normal rate. They are now asking for backdated holiday pay. This has never been mentioned by Council or in any paperwork or agreement. The carer had a full time day job. Am I liable to have to pay her though she only worked equivalent of 3 weeks per year?

Call the care company. This is something which you need to discuss with them. Did the carer have a contract or not? Did you ever see it? Ask for a copy of the company’s payment policy to read. What does the council say? Why didn’t they mention it earlier? Ask for a meeting as well. Discuss the payment issue and point out you were not duly informed either.

I didn’t use a Care Company - a person someone knew. No contract. Payslips produced by council - and never mention of holiday pay. This comes at s time I am now having to contribute a lot of money ether Care Hone he is now in! I feel betrayed and let down

If employing a paid care worker direct , things like holiday pay are part of the package.

Being in Control: Getting Personal Assistants (PAs) | Disability Rights UK

DisabilityRights uk … Factsheet No. 2.

The Employment contract … what has that have to say for itself ?

If the payslips were produced by the council, then calculating things like Holiday Pay should be their responsibility, and should be included in the DP award. Give their contact details to your “employee” and ask them to contact the council directly.

As a separate issue, regarding care home fees, are you sure you have to pay? Did the council do a formal financial assessment? Continuing Healthcare Assessment? Top Ups?

Top up fees ?

AGE UK … very comprehensive :

What are care home top-up fees? | Age UK

CHC / NHS Continuing Healthcare mentioned … if one qualifies , ALL care is FREE :

https://www.carersuk.org/forum/support-and-advice/all-about-caring/chc-coughlan-grogan-judgements-nhs-contuing-healthcare-nhs-fnc-hospital-discharges-all-under-this-one-thread-35998