Introduction
If social services or the NHS have assessed you as eligible to receive a Direct Payment, or if you are a self-funder with eligible needs, you may choose to employ a Personal Assistant (PA) to help or support you to meet your assessed outcomes.
This factsheet introduces what you will be required to do to employ a PA using your Direct Payment. Independent Lives will be able to take you through these processes and provide you with the knowledge and paperwork to become a fair employer.
Finding a PA
Before you recruit a PA, you will need to know what you can afford to pay someone from your Direct Payment.
You must pay your PA at least the National Minimum Wage.
Cash in hand is not permitted unless agreed by your local authority or NHS funder.
We can work with you on calculating a budget to cover PA wages and other employer on costs.
You will then need to think about the tasks you would like the PA to complete – this will become a job description.
We will support you to advertise for a PA if you have not recruited already as well as complete necessary checks, including DBS checks.
Avoid confusion by not offering a job verbally to anyone before you’ve received advice on becoming a Direct Payment employer.
Ongoing responsibilities
- Employers’ liability insurance – As an employer, it’s a legal requirement that you have employers’ liability insurance. The cost of this policy will be covered by your Direct Payment.
- Right to work checks – Check your PA has the right to work in the UK
- Employment contracts – You will have a legal responsibility to issue your PA a contract of employment on or before the day they start work.
- Risk assessments – Complete a risk assessment with all PAs, where applicable.
- Contingency plans – Develop your own contingency plan to make sure that you have several options if your regular PAs are unavailable.
- Pensions for your PAs – Set up a workplace pension, if required.
- Payroll – Ensure your PAs salary includes deductions, like tax and National Insurance. Speak to your payroll provider about any other payments or deductions that may be required.
- Holiday pay – Pay all employed PAs 5.6 weeks annual leave (pro rata).
- Timesheets and expense records – Maintain records of where your Direct Payment is being spent. Including keeping PA timesheets.
- Training – Provide any training to your PA that is required for them to complete their job.
You should not end any employment relationship without speaking to your employers’ liability insurance or Independent Lives.
Speak to Independent Lives if you require advice on anything you’re not sure about regarding Direct Payments or your employer responsibilities.
Self-employment
If the role is suitable to engage the services of a self-employed PA, then you will need to make sure the PA:
- Has registered with HMRC as a self-employed carer and has been issued with a UTR number;
- Has taken out their own liability insurance;
- Has a DBS check;
- Can provide invoices for the work they do for you;
- Is self-employed for tax purposes by completing an online HMRC Check Employment Status for Tax (CEST);
- Can provide a contract of their services;
- Has contacted Care Quality Commission (CQC) to see whether they need to be registered with them.
Independent Lives will be able to support you with this process so that the set up with your PA is legal.