Paying Carers

[CareBears48]

As a family we’re just in the process of working out our options.

We have an elderly relative who needs some care (housework, shopping, meals, personal hygiene, continence care etc) in their own home.

There is a close family member who is willing and capable of providing this care, however they are currently working part time, and are therefore unavailable some of the time. In order to provide the full time care needed, they would need to give up work.

The elderly relative has sufficient financial resources to pay the carer, this would then replace the salary of the carer (if they give up their current job).

Is this ok from a legal standpoint?

Everyone involved is happy with this possible solution, including paying the appropriate tax / NI contributions for the carer. Can we do this, or would it look like we’re trying to dispose of assets?

All the information I’ve found so far is about claiming carers allowance or similar, which isn’t relevant as no one is looking to claim anything. Elderly relative wants to use their savings to pay for the care required.

i don’t see any issue but why don’t they claim attendance allowance and pay it to you?

There is no issue legally as long as the elderly person has the capacity to understand the financial implications and understand their obligations as an employer.

If they don't have the capacity and someone else is arranging it then it's worth having it formalised with the office of the public guardian, easily enough if there is a lasting power of attorney already in place, if not a deputyship would need to be sorted out.

Also think about the carer having days off - who covers the care required on those days?

What if they get sick - will they get sick pay? If they go into hospital will the carer still be paid and for how long?

What happens if the care needs get worse and cant be managed by one person?

Will the carer be able to pick up employment again if they are no longer needed e.g. because a care home is needed instead or when the person passes away?

She has said that she doesn’t feel right ‘claiming’ anything like that as she has sufficient money already.

She has capacity and understanding, but we would probably look to an official service (accountant?) to ensure that everything is done correctly for everyone involved.

There’s actually two available relatives in similar positions so they can cover each other for holidays / illness etc. (would come to an identical payment arrangement for each).

Not too worried about finding work again afterwards as the carers are only a few years from retirement themselves.