Can someone with a low severity of disability be a carer for someone of the same severity or higher to look after?
Mr x wheelchair bound could be the worker for Mrs S bed bound. Mrs S gets a budget from LA to use to employ Mr X her husband? to deal with her shopping, bills, letters, phone calls and household duties.
Could Mr X claim carers allowance and PIP/ESA and be a paid employee for Mrs S?
Common … with both claiming PIP and Carers Allowance … assuming the right flavour of PIP granted to both.
Direct Payments ?
Back to square one … if carer is employed by the caree , Employment Law kicks in.
Carers Allowance would not be paid … instead the employee would be bound by law to receive the minimum wage.
In addition , all the other things associated with Employment Law kick … pensions / holidays / working directives /
sickness pay / Health & Safety to name a few of those … NONE of which apply to a family / kinship carer.
The Care Act is silent on the employer / employee relationship which is adding to the confusion.
Main thread again … discussed in full with a recent case towards the end with a LA falling foul of the DWP on this.
Again … a problem for the CUK Advice Team … the DP issue has been with them since September.**** In my view , it’s going to take a change in the Law … or test case through the Courts … to sort this out once and for all.
… and there are a minimum of four Goverment Ministries involved here … LAs / DWP / HM Revenue & Customs / Employment.
Why don’t you just give us details of your caring situation rather than ask questions like this? If Azim is your real name, change it to something different so no one knows who you are?
In my opinion, it’s much better where there are several disabled people in a household, to get someone fit and well to do the basic housework, laundry and cleaning which disabled people can struggle with.