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.
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!
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.
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?