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Direct payments and employers liability insurance
SteveE
Member Posts: 52 Courageous
If we take direct payments (on behalf of our disabled son) and then to help with caring, employ someone (rather than use an agency), who pays for the employers liability insurance? Do the council make allowance for that cost in the direct payment total? We can ask them when we meet in a few weeks but wondered if the community could advise beforehand. Thanks in advance.
Replies
Some of our members may offer some advice and will reply to you.
A word of warning, this information I offer you is going back a few years.
The direct payment team at the local authority, were always very helpful at all times.
They had a small department that dealt with pay and rations, if you employ someone.
The budget should reflect all costs, so you are not having to make any shortfalls.
You can discuss this, at the pending meeting.
Hope this helps.
Always keep an eye on the spending of direct payments, the only run ins we had, was about underspends. This often led in attempts to reduce the funding, the council never managed this.
Also, has your son got an advocate?
Well worth having one, as they look at life from your son’s best interest and his parents of course.
Employers liability insurance is fairly easy to arrange, and it is worth shopping around. Sites like go compare will give you a number of quotes to work on.
Job description, contract, employment letter, probation period, health and safety documents etc again while it seems daunting can be fairly straight forward. You have three options, start from scratch and do them on your own, not recommended if you have none or limited experience.
Do it yourself using an online tool. Companies like Rocket Lawyer offer free document builders, advice and support from £25 per month, you can unsubscribe any time. The documents are reviewed by a lawyer and guarantee to put things right if the document falls foul in court. It should be cheaper than the third option as you do most of the work. Disclaimer: I am not recommending Rocket Lawyer and it will be up to you to check what a company has to offer and any additional costs that may arise.
The third option is to use an HR company. They will create your documents for you, and provide support regarding other employment issues. They should also be able to cover your costs if their advice is wrong. You do need to ask for it as early as possible and follow their advice to be covered. Again there will be costs.
The last two options will be able to help you with health and safety documents and other issues as they arise.
While it can seem daunting when things go well they seem like they are not worth it, but often help to make things to go well as everyone has a clear understanding of what is expected. If things go wrong they will take a lot of the stress away. Another reason for using an external agency is to ensure you are complying with current legislation which can be varied and changes regularly. Compliance after the fact can be expensive, as in failing to provide a pension.
You may find it useful to contact Carers UK to see what advice they can offer.
As @poppy123456 said getting the right person can make a huge difference, not just for the individual but for the family in general.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
Give AgeUK a ring, there is something I read recently, that they provide a package like you are looking for.
This is when an elderly person gets direct payments. It operates at a local level.
There will be a simple solution, as previously explained the local council provided these services.
Keep us informed.
Just checked about ageUK, you need to call their helpline 0800 678 1604, they will be able to tell you what services are available in your area.
I hope you find a solution soon.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
I have just checked my local authority, they provide an Accredited list of Direct Payment Advice and Support Services.
The costs are paid for within the direct payment budget.
The Accreditation process is conducted jointly with the NHS.
There are a dozen of the charities, in the county where I live.
If I can explain in simple terms, the difference in using direct payments for care from an agency or directly employing someone.
The costs for the local council are the same.
An agency will charge for labour cost, plus on costs of an employer (NI Employer liable insurance).
If your son employs someone he has the same costs as an agency, that is why he would use the services of a third party direct payment advice and support service, like I explained, happens in my county.
I also suggested you contacted ageUK, as they would assist you, whilst I appreciate it a service for your son, it’s about you and your wife needing assistance.
Your council should have an information guide about direct payments, also seek the assistance of your MP’s office, councils need to be challenged more times over applying direct payments.
Also bear in mind it’s about every aspect of your son’s life, need to be assessed.
I appreciate it does sound a bit daunting, but in reality it is quite simple, once you get the gist of it.
I went through this process many years ago, for my brother in law, who has severe learning disabilities, it was well worth it.
Les celebrations his 70 birthday next month and he remains in very good health.
If you need any further assistance, I would be happy to help.