Promoting The Self - Empowerment Of Disabled People

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Information and updates on the Direct Payment Support Service and Direct Payments

Increase in Personal Assistant holiday entitlement

From October 1st 2007 all employers are required, by statutory law, to increase their employees holiday entitlement.
At present employees are entitled to 4 weeks holiday pro-rata calculated by the number hours worked.

This increase will be phased in as follows:

1st October 2007 increase to 4.4 weeks pro-rata.
1st April 2008 increase to 4.8 weeks pro-rata.
1st April 2009 increase to 5.6 weeks pro-rata.

These additional days HAVE to be taken as leave and employees cannot receive payments in lieu. The reason for this is to ensure that all employees have time off from the workplace (for health and safety reasons) in line with Working Time Regulations.

As the increase in the holiday entitlement is a change in terms of employment, to the benefit of staff, employers do not need to re-issue contracts. However, employers do need to inform staff of the change in writing.

Should you have any arrangements with your employees regarding Bank Holidays, you should continue to meet these as the new requirements do not affect this.

Below is a website link which you or your payroll service may find useful to calculate the increased holiday entitlement. www.dti.gov.uk/employement/holidays/. Once you reach this page go to the interactive calculator.

What is a Personal Assistant?

Choice and control are essential to disabled people, living their lives as dignified, independent and equal citizens, and whilst Direct Payments (DP's) are a means of making this possible, they must be able to employ Personal Assistants (PAs) and not 'carers'.

There is still a popular belief that PA's are just another name for a care worker, nurse or home-help, yet this is far from what people need.

Traditional 'carers' reinforce the stereotype of a disabled or elderly person as someone who must be, 'cared for', is a helpless victim of fate or circumstance, or is a sick patient that must be a grateful, cooperative and passive recipient of the carer's good works and kindly administrations.

In reality, what disabled employers are looking for are a type of worker who exhibits empathy and understanding not sympathy or pity, who does things with them rather than to them, who helps or facilitates disabled employers to do what they want, but does not decide what's best without asking. In short, someone who sees their employer as a person first and as an equal with whom they are prepared to go 'that extra mile'.

Disabled employers want to, dispense with the term 'carer' as it implies an imbalance of power and control in the relationship. Instead, the term Personal Assistant or PA is preferred. A PA is there to assist. They are there to fit in with what the disabled person wants to do and not the other way round.

Here are the views of what Direct Payments users, regard as desirable qualities in their PAs:

•  Respects privacy and confidentiality
•  Is honest, trustworthy and has discretion
•  Punctual and reliable
•  Has patience, tolerance, sensitivity and empathy
•  Able to follow instructions and work under pressure
•  Has practical and basic household skills
•  Exhibits common sense and open-mindedness
•  Good listening and communication skills
•  Is flexible and shows initiative
•  Friendly and has a good disposition
•  Exhibits maturity and sense of humour

The preferred qualities reinforce the view of a PA as someone with the right disposition and qualities to work alongside employers as an enabler and facilitator. Employing a PA with such qualities will enable them to live independently and feel in control.

Claim £150 For Doing Nothing

This year the Inland Revenue are once again offering a £150 incentive to every employer who qualifies for sending the end of year documentation on-line, i.e., as an employer if you submit your end of year information via the internet, they will give you £150. As usual, HCIL are happy to offer this service users.

We have consulted the finance department of Social Services and they have agreed that this money can be used for any legitimate cost associated with your direct payment.

For those of you who are payroll clients, we will be sending you information with details of how we can take advantage of this on your behalf.

For further information, please contact the payroll department at HCIL.

Employed or Self Employed?

Increasingly we are being asked by clients if their PA is an employee or self employed. If the PA is self employed they are responsible for insurance, tax/NI payments, any statutory payments such as holiday pay, sick pay or maternity pay, and should provide their own contract.

As a general guide as to whether a worker is an employee or self-employed; if the answer is ‘Yes’ to all of the following questions, then the worker is probably an employee:

• Do they have to do the work themselves?
• Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
• Can they work a set amount of hours?
• Are they paid by the hour, week or month?
• Can they get overtime pay or bonus payment?

If the answer is ‘Yes’ to all of the follow following questions, it will usually mean that the worker is self-employed:

• Can they hire someone to do the work or engage helpers at there own expense
• Do they risk their own money?
• Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
• Do they agree to do the job for a fixed price regardless of how long the job may take?
• Can they decide what work to do, how and when to do the work and where to provide the services?
• Do they regularly work for a number of different people?
• Do they have to correct unsatisfactory work in their own time and at their own expense?

If the PA is self-employed we should suggest that a disclaimer needs to be signed to the effect that the ‘worker’ is responsible for the payment of their own tax and national insurance payments. Evidence of personal liability insurance should also be sought, and a contract requested. Please contact the DPSS should you have any queries. The Self Employment Helpline (08459 154 515) can also give further advice.