Interesting article about direct payments

It mentions a way around social work who simply refuse to follow direction of the vulnerable person who wants to employ their family members in the same household as their caregiver/worker.

Already posted in full … page 1 of the main DP thread :
https://www.carersuk.org/forum/support-and-advice/all-about-caring/direct-payments-paying-a-family-member-to-care-no-but-the-jury-is-out-30902

Part of the whole analysis of the DP issue.

Out of curiosity , what conclusion would you draw on the evidence presented ?
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Paying a relative through a direct payment

If one looks at the Care Act direct payment regulations, one finds that there is no rule against a parent not living in the same household, being paid to do the care. There is a presumption against any spouse or cohabitee or other specified close relative living in the same household, including a parent, doing the care, but even then, a discretion may be exercised to permit it, if it is necessary.

( But , if the caree employs a family carer to care , Employment law kicks in ! Provided that is observed to the letter , what’s the problem ? Family member is NO LONGER A " CARER " , now a paid worker. )
Just one bit of the whole jigsaw puzzle that does NOT fit together ?

DWP view ? HM Revenue & Customs view ? LAs view ? NHS view ?

Yep , with CUK to sort out !

( DPs have been around for a decade … I asked a simple question ( As I did with AA / DLA / PIP / SDA ) … the rest is
now for all to see.

Begs the question … what else out there needs a little bit of testing / digging ???

21 Hour Rule is built on sand ! )

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A little twist ?

Caree employs a family member to care.

Said family member forms a limited company … separate legal entity !

Under DPs … allowed … or perfectly within the law ???

( Both the TaxMan and DoleMan happy … tax being paid , no benefits being claimed. )

Expenses … as an employee , many can be claimed … as a family carer , none !!!

Going rate charged … fine ? … if premium rate ( Say £ 25 instead of £ 15 per hour ) … and to decrease the caree’s assets when it comes to care home considerations… deprivation of assets … a whole new dimension ???

Whose first for THE court case to determine once and for all what is allowed … and what isn’t ?

( Perhaps I should start charging for some of these ? )

Great info. Chris.

What’s the 21 hour rule not heard of that before?

Can you form a limited company to care for an individual/individuals?

21 Hour Rule in all it’s glory :

https://www.carersuk.org/forum/news-and-campaigns/campaigns-petitions/21-hour-rule-ca-eligibility-studying-developments-the-sole-thread-anywhere-dealing-with-this-abnomation-29098

( Best bit ? 2 disabled persons both caring for each other. Both study at the same course , each needs the other to attend. NO
impact on the disability benefit side ( If no grant payable ) BUT … each would lose their Carers Allowance if their studies take
them over 21 hours per week. )

Again , merely through testing an age old assumption ?

( Public transport … a guide dog travels free with a blind person … a human carer does NOT ! )

Carer / caree / limited company ?

Feasible under present Law … provided the TaxMan is happy , only leaves those with possible , future , interests to mount a
challenge in the future … hence the deprivation of assets hurdle with a potential move into a care home.

I have assumed NO benefits paid to the the carer… now employee … Carers Allowance ceasing on becoming an employee.

There are all sorts of possibities here , most are technically " Illegal " but … still open to be explored.
( I did set out the whole scenario within the main GREEN PAPER CARERS STRATEGY thread … in line with present Government
policy in reducing the burden of caring on the State … not one comment ! )

In short , AND PURELY FROM THE INTERESTS OF A FAMILY CARER , no more Carers Pittance … one’s pay depends on their caree !

Trouble is … no caree / no carer … a partnership … what would be good for the carer would also be bad for the caree.

As now an employer / employee relationship , perhaps the local Union rep would step in to mediate between the two sides ???

For the cherry on the top , let me introduce you to our Lord Kitch … everything that needs to be challenged under one thread :

https://www.carersuk.org/forum/news-and-campaigns/latest-caring-news/lord-kitch-poster-our-tombstone-all-our-concerns-under-one-thread-some-20-years-veterans-make-up-the-majority-27982?hilit=lord%20kitch

Most on there have been in place for DECADES !!!