Third Party Provider. The Council can pay your Direct Payment to a third party provider, such as a community organisation. • They will look after this money and make payments on your behalf. • You must allow them to give the Council bank statements and the filled out form that says how you have spent the money. This will be every 3 months unless the Council agree to longer intervals. Changing how much Direct Payment you will get The Council will check your Direct Payment and the amount of money you get at least every year. If you have spent too much, or not enough of your Direct Payment, the Council has the right to make a change to your Direct Payment. The Council will check every year that the money you pay (Personal Contribution) towards your care and support is correct. The Council will let you know of any changes to your payment. 4weeks This will be in writing within 4 weeks of the decision being made. If you employ a personal assistant You agree that any person/s who you employ with your Direct Payment are your responsibility. x You need to tell the person that they are working for you and not the Council. This needs to be clearly written in their employment contract. I. Tax You need to pay monthly tax and national insurance payments which are due to HMRC (the tax office). x The Council does not normally allow you to employ your husband, wife, partner, or a close relative (who lives with you) as your personal assistant. The Council will write to you to confirm if they will allow this. You have legal duties as an employer in the UK. ✓ You must make sure that anyone you employ has the right to work in the UK. You should carry out a Disclosure and Barring Service (DBS)check on any people you employ. You must carry out this check if: • The person you employ is unsupervised with children or other vulnerable people. This is to make sure that: • The person is not in trouble with the law. • The person is safe to work with children and other vulnerable people. The Council can carry out the DBS check for you. Contact the Council: Tel: ▇▇▇▇▇ ▇▇▇ ▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇.▇▇ The cost of this can come from your Personal Budget. If you want to use a self-employed person you need proof that they are self- employed. You should ask them to give you: • A contract of engagement that says they are not your employee. • Evidence that they have professional indemnity and public liability insurance • Evidence of a Unique Tax Reference number to say they are registered with HMRC as self employed A self employed PA does not get holiday pay or a pension, is responsible for all tax and national insurance and must pay for their own training, and any equipment needed If you employ Personal Assistants you must have a valid Independent Living Insurance Policy (full cover). Your Direct Payment will not be paid until your insurance cover is in place. Your payroll provider will advise you where you can get this from. x If the person is not able to work you need to have plans in place. This is to cover things like holiday and sickness. We will talk to you about this and it will be written in your Care and Support Plan. You need to make sure your staff get the right training. At least in: • Health and Safety • First Aid • Food Hygiene (if the person prepares food for you) • Safeguarding • Moving and Handling For more information about being an employer and getting help with money to pay for your staff training go to: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ Tel: ▇▇▇▇ ▇▇▇ ▇▇▇▇ x The Council may decide to end your agreement. 4 weeks They will normally give you 4 weeks written notice.
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Third Party Provider. • The Council can pay your Direct Payment to a third third-party provider, such as a community organisation. organisation. • They will look after this money and make payments on your behalf. behalf. • You must allow them to give the Council bank statements and and the filled filled-out form that says how you have spent the money. This will be every 3 months unless the Council agree to longer intervals. intervals. Changing how much Direct Payment Payment you will get The Council will check your Direct Payment and the amount of money you get at least every year. year. If you have spent too much, or not enough of your Direct Payment, the Council has the right to make a change to your Direct Payment. Payment. The Council will check every year that the money you pay (Personal Contributionassessed charge) towards your care and support is correct. correct. The Council will let you know of any changes to your payment. 4weeks payment. 4weeks This will be in writing within 4 weeks of the decision being made. made. If you employ a personal assistant assistant You agree that any person/s who you employ with your Direct Payment are your responsibility. x responsibility. x You need to tell the person that they are working for you and not the Council. Council. This needs to be clearly written in their employment contract.
I. contract. N.I. Tax You need to pay monthly tax and national insurance payments which are due to HMRC (the tax office). x office). x The Council does not normally allow you to employ your husband, wife, partner, partner, or a close relative (who lives with you) as your personal assistant. assistant. The Council will write to you to confirm if they will allow this. this. You have legal duties as an employer in the UK. ✓ UK. You must make sure that anyone you employ has the right to work in the UK. UK. You should carry out a Disclosure and Barring Service (DBS)check on any people you employ. employ. You must carry out this check if: if: • The person you employ is unsupervised with children or other vulnerable people. people. This is to make sure that: that: • The person is not in trouble with the law. law. • The person is safe to work with children and other vulnerable people. people. The Council can carry out the DBS check for you. you. Contact the Council: Council: Tel: ▇▇▇▇▇ ▇▇▇ ▇▇▇ Email: ▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇.▇▇ The cost of this can come from your Personal Budget. Budget. If you want to use a self-employed person you need proof that they are self- employed. You should ask them to give you: you: • A contract of engagement that says they are not your employee. employee. • Evidence that they have professional indemnity and public liability insurance insurance • Evidence of a Unique Tax Reference number to say they are registered with HMRC as self employed employed A self self-employed PA does not get holiday pay or a pension, is responsible for all tax and national insurance and must pay for their own training, and any equipment needed needed If you employ Personal Assistants you must have a valid Independent Living Insurance Policy (full cover). Policy Your Direct Payment will not be paid until your insurance cover is in place. place. Your payroll provider will advise you where you can get this from. from. x If the person is not able to work you need to have plans in place. place. This is to cover things like holiday and sickness. sickness. We will talk to you about this and it will be written in your Care and Support Plan. Plan. You need to make sure your staff get the right training. At least in: in: • Health and Safety Safety • First Aid Aid • Food Hygiene (if the person prepares food for you) you) • Safeguarding Safeguarding • Moving and Handling Handling For more information about being an employer and getting help with money to pay for your staff training go to: to: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ ▇ Tel: ▇▇▇▇ ▇▇▇ ▇▇▇▇ x ▇ Ending the agreement x The Council may decide to end your agreement. agreement. 4 weeks weeks They will normally give you 4 weeks written notice.notice. x x This may be because: • You have not spent the money as agreed in your Care and Support Plan. • The money has been misused. • You no longer qualify for care and support as set out in the Care Act (2014). • You have not met the conditions of this agreement or conditions set out in the Care Act. If the Council needs to end the agreement, other plans will be made for you. x You can end the agreement at any time.
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Sources: Direct Payment Agreement