Direct Payments Factsheet
B5: Self-employed personal assistants
The Care Act 2014 aims to give people control over their care where possible. Employing personal assistants (PAs) can be very empowering, but taking on employer responsibilities can be complex and time consuming and may not be suitable for everyone.
To optimise choice and control over your care and support, North Yorkshire Council allows direct payments to be used to for self-employed personals assistants who have undergone satisfactory checks. These checks ensure compliance with HMRC legislation and North Yorkshire’s procedures and guidance.
If you wish to receive services from self-employed personal assistants, approval from your Direct Payments Advisor is required. They will complete a checklist to ensure that the funds can be used for this type of support before proceeding.
Understanding self-employment:
Self-employment refers to working for oneself rather than being employed by an organisation or individual under a contract of employment. Self-employed individuals run their own businesses and offer services. They are responsible for paying their own taxes, sourcing, and paying for their own training and equipment, setting their own schedules, and taking annual leave without needing permission.
Personal relationship:
If you have a personal relationship with a self-employed personal assistant, it is essential to declare the nature of the personal relationship to North Yorkshire before using the direct payment. This ensures transparency, allows for informed decision-making, and avoids any potential disruption to the care and support you need.
Legal considerations
Employment status: Determining employment status is crucial. Unless you contract with a self-employed personal assistant via a vetting organisation, you are responsible for checking their employment status. Your Direct Payments Advisor will support you with this.
DBS checks: Ensure they have a valid enhanced Disclosure and Barring Service (DBS) check.
Right to work in the UK: You are responsible for checking they have the right to work in the UK.
HMRC Registration: You will need to check they are registered with HMRC for self-assessment and have a Unique Taxpayer Reference (UTR) number.
Service level agreement: Ensure there is a clear contract outlining the terms of service and that the fees align with the direct payment budget.
Insurance: Check they have appropriate insurance, such as public liability insurance.
Qualifications/Skills: Check they have training certificates or get references to ensure they can deliver the services they offer.
Invoicing & payments: Ensure they provide invoices as per the HMRC requirements.
Your Direct Payments Advisor is here to support and guide you through the process of contracting self-employed personal assistants. They will provide you with necessary advice and assistance to ensure all legal and procedural requirements are met, helping you make informed decisions and maintain a smooth and compliant care arrangement.
