Paid for brothers care?


After a long running dialogue with my local authority regarding my brothers care I have been told that I cannot be paid for nights because I receive his benefits as an appointee is this valid what they are saying?

I have asked for them to give him night care via a carer if I cannot be paid and am waiting a response.

Any advice help is appreciated



Hi Gurpreet.

One for the Carers UK Advice Team … contact details follow … best by email :

I’ve sent them a mail.

Anyone else who could advise please let me know.


If the CUK Advice Team cannot assist , my backup would be the CAB :

As I see it, the two issues are entirely separate. The Care Act Statutory Guidance says LA’s should not put barriers in the way of relatives caring.

Hi Bowling bun

Is there’s anything I can cite to them?

Like specifically?

Thanks in advance


Yes, the 2014 Statutory Guidance.

Not sure where my copy is, I suspect in the lounge. I have a sleeping giant in there at the moment, No.1 son who went to work at 5am and is now having a nap.

When I find my copy I’ll tell you more, the relevant section is already highlighted.

Care Act 2014 … if Direct Payments are involved :

Definately one for the CUK Advice Team ( Whole issue with them since September 2018 ) or the CAB.

As for the Care Act itself :

Care Act 2014

There was an Ombudsman case this week where it adamantly explained that Direct payments cannot be used to pay a family member living at the same address.

To most of us this seems silly rule but I think they did it to prevent frivolent or unfounded claims .

It does seem contrary to the overall aim. The law is often an ass and hopefully at some point someone with legal aid or knowledge will challenge it through the courts.

If someone needs night time or 24 care, councils will only offer residential care as that works out cheaper in the long run, especially since the recent changes to “waking pay”


Thanks Chris

I will have a read

I’m not registered at my brother’s address. Although I am There a lot with his care.

I just need to know if I can still be paid to do some nights for him as LA are saying you cannot be if his appointee.

This has been dragging now for months.

They take the p#ss I tell ya!

Thanks all for input any other advice/information is appreciated.

looks like you’ve found the loophole in their argument - that you don’t live there.


Can anyone give a doefinitive answer regarding being an appointee and being paid for care.

No one seems to be able to help me.



CUK Advice Team or The CAB.

Links posted earlier in the first reply to your question.

They are the experts … we are mere menbers on the forum.

Hi Gurpreet
I did some research but did not come up with anything useful, sorry

At very least it could appear to be poor practice for an appointee to pay themselves but I couldn’t find anything definitive

What Chris is suggesting is that you should contact the Carers UK support team who I believe are on a phone line advertised elsewhere on the website. They will look at your individual case and advise specifically on your circumstances. Alternatively Citizen’s Advice Bureau which you can again find contact details from searching the web - there are different Bureaux for different counties. Sometimes it’s too easy to slip into abbreviations and assume people understand what you’re talking about when you’ve slipped into jargon that new or infrequent users won’t understand.