You may be thinking about employing a personal assistant with direct payments and wondering if you can employ a relative for this.
There are several things that must be considered when thinking about employing a relative with a direct payment and they are different depending on whether they live with you or not.
We want to be sure that anyone you employ is the right choice to meet your needs. When discussing direct payments with your social worker you should let them know if you are thinking about employing a personal assistant and if you would like a relative to be considered.
To help with this process, we have outlined some things you may want to think about below. It can also be helpful for your relative to read this guide as the decision will affect both of you, so it is a good way to start a conversation with them.
There are different rules depending on whether your relative lives with you or not.
If you live in the same household as your relative
We will only consider agreeing to use a direct payment to pay a relative as a personal assistant if there are exceptional circumstances that would mean that finding appropriate support would cause delays or not meet all your needs, including:
- You need a live-in personal assistant, and there are not enough bedrooms in the house to accommodate that need, even with reasonable adaptations to your home.
- You have special communication needs that can only be met by your relative.
- Your cultural or religious needs can only be met by a family member.
If your relative does not live with you
There are less restrictions under the law if you are thinking of employing a relative who does not live with you. However, we still need to be confident that by doing this, it is in your best interests and the most appropriate way to meet your outcomes.
Both you, the relative you want to employ, and your social worker must agree this is the most appropriate way to meet your needs.
Employer and employee relationship
Employing a relative may feel like the easiest and best option for you. After all, they know you and your needs better than any stranger will. You trust them and they can be called at a moment's notice. All valid, but employing anyone, and particularly a relative, is a choice not to be made lightly.
You will need to manage them and make sure they follow their terms of contract. They may feel like they can work to their own schedule, but they cannot. They may assume to know what you want, rather than checking with you. You would have responsibility for their health and safety when working for you.
Finances
You will be responsible for paying your relative who may be relying on that wage for their livelihood. People's circumstances can change. Your health might improve, and you might need less support, or a different type of support (for example residential care.)
Government policy can also change. In future we may need to deliver services in a different way, which might alter how much money you receive and how you can spend it. With all of these circumstances the change could affect the amount of money you would receive from us and the number of hours you could then afford to pay your relative.
This is difficult under any circumstances, but especially so if you are a relative and know a lot about this person and how much they rely on the job and the money it brings in.
Setting boundaries
It is likely that you are thinking about employing someone who already provides you with some informal support. You should think about how this will look in the future.
If you spend a lot of time together, the boundaries can easily become blurred. This may strain your relationship. An employee in this situation can easily become very tired as it is not easy to 'switch off'.
You will also need to watch out for health and safety requirements. As their employer, you will be legally responsible for ensuring they have enough breaks and their holiday entitlement. You will need to ensure they work safely, and any risks are carefully managed. This might mean you have to do things differently between you (for example, they may need to complete training to use moving and handling equipment, whereas your relative might just 'lift' you).
What's next?
Once you have sat down with your relative and discussed things in detail and want to go ahead, then you will need to speak to your social worker. Remember, if the relative lives with you, it is unlikely this will be agreed, but your social worker can explain this to you in more detail and talk through any exceptional circumstances that may affect our decision.
They will also go through an 'Employing a Family Member' form with you. This form asks a range of questions so the social worker can consider whether this is the right thing for you.
Once everything is taken into consideration, if we don't think that employing a relative, whether they live with you or not, is not the best thing for you, or it would not be possible to meet your needs we will not agree for the direct payment to be used in this way. Your social worker will talk this through with you and explain the reasons and you always have the right to appeal our decision.
More information
This information is for guidance only and does not set out any specific criteria that must be considered. If you want to discuss the possibility of employing a relative through direct payments, you should contact your social worker to arrange a meeting with them.
