Personal Assistants (sometimes called PAs) provide support and care to individuals who need some assistance with daily tasks to enable them to continue living in their own community and often remain living in their own home. This could include help with personal care (such as washing and dressing), making meals, taking medication, looking after the home and home admin, going out and about and companionship. They can offer a more flexible way to meet a person’s care and support needs.
PAs are sometimes self-employed but can also be employed by the individual in need of support, or a representative of the individual if they do not have the mental or physical capacity to be the employer.
Small enterprises, community businesses or individuals who provide care and support to people in their local community are sometimes called micro-providers. Micro-providers have eight or fewer paid or unpaid (full time equivalent) workers, must be independent of any larger organisation and are usually self-employed.
Very small providers and individuals who are contracted directly by the person receiving care (or related third party) and work under their control and direction, are exempt from Care Quality Commission (CQC) registration and regulation. This exemption only applies to an individual who is registered as a sole trader. Therefore, a PA or micro-provider may not be CQC registered.
This does not mean that there are no checks and balances on the care provided by a PA or micro-provider, they have a duty of care to the people they work for. Equally, individuals employing PAs have a responsibility to their employees.
If you employ a PA:
- You will be their employer
- You will set their hours and rate of pay and have a job description and contract of employment with your PA
- The PA will be entitled to be paid annual leave, maternity / paternity and sickness leave
- You have the responsibilities of an employer such as ensuring you pay them correctly, the relevant deductions for tax etc are made, and that they are enrolled into a workplace pension scheme
- You will need to have Employers’ Liability insurance
If you use a self-employed PA or micro-provider:
- You will not be their employer, they will be their own boss
- They will work to an agreed contract which will include rates of pay, hours and notice period
- They may work for other people as well
- They are responsible for paying their own tax and national insurance contributions, pension contributions and training costs
- They will need to provide adequate insurance
- They will need to provide evidence of an up-to-date enhanced Disclosure and Barring Service check (DBS)
Some of the benefits of employing a PA yourself may be:
- You choose who you want to support you
- Having control over how and when your care is delivered
- Having consistency of care
- A more personal and flexible approach
Challenges of being the employer of your PA could include:
- You may find it difficult to recruit the right person for you, or who fits your needs and budget
- Covering your care while your PA is on holiday, off sick or if they leave unexpectedly
- Difficulty organising a team of PAs or overnight care
- Being responsible for the contract of employment, pay, tax and pension contributions
- Adhering to relevant regulation such as employers’ liability insurance, National Minimum Wage and pension legislation
- Ensuring your PA has the right to work in the UK (this is a legal requirement)
- Managing issues with your PA, such as unprofessional behaviour or misconduct (although you may be able to access legal help and advice via your employers’ liability insurance)
Things to consider when using a self-employed PA or micro-provider:
- They should provide a contract which includes, what service they will provide to you, hours of work, how much they will charge and the notice required to cancel the service
- They should provide you with an invoice for the work they have carried out, ideally monthly
- They are responsible for paying their own tax and national insurance
- Self-employed PAs are not entitled to paid annual leave or sickness pay
- You will not be responsible for payroll management, employee benefits and pension contributions
The B&NES self-employed checklist can provide more guidance.
You may prefer to receive support from a care at home service instead. Care at home, sometimes called homecare or domiciliary care, can be flexible, with the type and level of care changing as and when your needs change, including offering live-in care and specialist nursing care in some cases. The homecare provider, rather than you, is responsible for arranging and managing the care. Providers can help with a range of tasks, but those offering personal care (such as washing, dressing and toileting) are regulated by the Care Quality Commission (CQC).
Depending on the amount of income, savings or assets you have, you may be able to pay for a PA or micro-provider using your personal budget, either partially or in full. A personal budget is a ‘pot of money’ set aside by the Council to pay for care and support to meet your assessed needs, created after a care needs assessment decides support is needed and you are eligible for help with the costs.
If you have savings worth more than £23,250 you are not entitled to help from the council towards the cost of your care and will have to pay for your own care and support, including for a PA or micro-provider. This is sometimes called self-funding.
Find out more about eligibility and paying for social care and support.
Talk to our Adult Social Care Team about a care needs assessment, which is free to everyone regardless of financial situation or level of need, and about personal budgets. If appropriate the team can also help you to plan any support you may need.
Your personal budget can also be set up as a direct payment, so you can buy your own care and support, including paying for a PA or micro-provider. The Direct Payment Team offers individualised information, guidance and signposting to people receiving, or who have an interest in taking up a direct payment and those newly accessed.
Small Good Stuff B&NES can connect you with self-employed individuals, small enterprises and community businesses who offer care and support in your local area. Most of these have set up their service with support from the Community Catalysts programme in B&NES, which includes a commitment to the ‘Doing It Right Standards’ – following regulation, legislation and safeguarding requirements.
Many people find a self-employed carer through word of mouth or by asking for recommendations from family or friends.
There are many ways you can advertise for a PA or a self-employed micro-provider, but it’s important to think about the job you are asking them to apply for, as well as your own safety during the recruitment process.
There are also companies that act as introductory agencies, or matching services, who can find and recommend carers (you will then be responsible for their employment and supervision). These services usually charge an introductory fee which can be an ongoing weekly or monthly cost. If you are paying for your care via a direct payment, you cannot use your direct payment to pay an introductory fee.
Curam is the largest online source of vetted self-employed carer workers in the UK. Carers on the site are interviewed, insured and DBS checked.
Find, meet and hire a PA using UKCIL.com
Find out more about employing a PA from the Carers Trust
If you receive direct payments, or self-fund your care Compass Independent Living can offer information and support including support with recruitment, DBS checks, a payroll service, a full financial accounts service and much more.
Skills for Care provide information and resources on employing PAs including the recruitment process, understanding your responsibilities as an employer, using PA agencies and self-employed PAs, and developing the skills and qualifications of your PA.
Disability Rights UK give information about employing a PA, and your role as an employer.
ACAS gives employees and employers free, impartial advice on workplace rights, rules and best practice. They also offer training and help to resolve disputes.
B&NES Carers’ Centre provide trusted information, advice and support to anyone looking after a partner, family member or friend.