Direct Payments: employing a family member?


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.


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.

Hi Martin.

Love it !

Have a GOOD read :

Afterwards , feel free to add your own interpretation.

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.

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.

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!

Interesting case from Oxfordshitre just posted on the main DP thread.

Thank you Chris, very interesting !

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 ???

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.

Can you spell out the precise details , Pipsy ?

They could be useful to others in a similar situation.

I don’t know the full story however he gets the full 24 hours as they have the highest needs. So, i guess he gets 35-40K pa for each child. He also runs his own newsagency 2 streets away from his house, which shows you can be employed/self-employed as well as getting a direct payment for family members. I guess he can also get PIP/ESA for both children and possibly carers allowance if he went part time with his business?


as well as getting a direct payment for family members. >

Exactly how that has been achieved needs to be spelt out … contradicts all we know to date.