Independent Living Fund - a hint of optimism.

Many disabled people get funding from the Independent Living Fund in addition to the funding that they get from the local authority. In June 2010 the ILF closed its doors to new applicants and since then there has been doubt as to whether the ILF will continue for people who are already getting money from them.
There is now a bit of optimism - it will be kept for now, but watch out for future consultations!

Update for ILF in reform of public bodies proposals

4 April 2011

On 16 March 2011, the Cabinet Office issued an updated list of proposed reforms for public bodies.
The proposal for the Independent Living Fund (ILF) has been changed to  'Retained - consultation later in the year will determine how best to support ILF customers beyond this Parliament'.
This new proposal for the ILF is a clear progression from that given in the list of proposed reforms published on 14 October 2010, which said 'Under consideration - options still being considered'.
The ILF's position is in line with the statement made by the Minister for Disabled People on 13 December 2010. The Minister said that consultation about the future of the ILF would take place after the Commission on Funding of Care and Support publishes its findings this summer.
The Minister also said that the budget to support existing ILF users would be protected throughout this Parliament and would remain closed to new applicants.
The proposal for ILF is on page 35 of the updated list of public bodies (Cabinet Office website)
http://www.dwp.gov.uk/ilf/news/#update

News - Judge overturns council plan to raise eligibility to critical - community care

Judge overturns council plan to raise eligibility to critical

Jeremy Dunning

Thursday 21 April 2011 12:57

Birmingham Council's plan to raise eligibility thresholds to critical has been overturned after a judge ruled it unlawful.

Four disabled residents had their concerns over the legality of the city’s service cutbacks upheld by a High Court judge.

The ruling declared that Birmingham’s proposal to raise criteria from substantial was unlawful because the council had failed to pay due regard to the impact on disabled people during the decision-making process, contravening the Disability Discrimination Act.

However Birmingham said the "generality" of its budget was not affected and would study the full judgment in detail when it is handed down next month.

Mr Justice Walker declared by interim judgement that the council now needs to review the setting of its adult social care budget.

Lawyers acting for one of the claimants - a 65-year-old woman with severe learning disabilities called Ms A - said the case potentially sets a precedent.

Polly Sweeney, solicitor at the Birmingham office of Irwin Mitchell, said: “This case has national significance. Proposals to cut mandatory duties and tighten eligibility for social care are the major issues in the social care sector. This is about saving front line services for vulnerable and disabled people. It is a very significant outcome and with Birmingham City Council being the UK’s largest local authority; it’s very likely that the result will set a precedent for other cases. Other councils up and down the country seeking to target vulnerable groups through cost-cutting drives may be legally challenged.”

Birmingham launched its consultation exercise as part of city-wide plans aimed at reducing the amount of money it spends on adult social care.

It was thought that up to 5,000 disabled people in Birmingham would have been denied all or parts of their social care packages currently provided by the council under the plans.

A spokesman said: "Birmingham City Council will be looking at this judgement in detail and will make a decision on whether to lodge an appeal. The generality of the budget is not affected, this is a decision about the eligibility criteria for adult social care.

“Like all councils, Birmingham faces a huge financial challenge, with adults and communities having to make a share of the savings like all other directorates, and we need to assess the impact of this decision."

http://www.communitycare.co.uk/Articles/2011/04/21/116716/judge-overturns-council-plan-to-raise-eligibility-to-critical.htm

prepayment cards - report

While Leni was working at ADKC she did a report about the pros and cons of pre-payment cards and how it was working in other Local Authorities. For all of you who didn't get to see it, but who are interested, here is the report.

Personal Budgets Research

At the moment the longest running pre-paid card scheme is run by Kent County Council. This provides people using Direct Payments with pre-loaded cards that can be used for bank transfers (FastCash) and cash withdrawals. Individuals can decide if they want barriers on their cards based on merchant categories (Merchant Category Banking). Blocking is based on risk and individual choice and can be reversed effective immediately.

The National Centre for Independent Living said it became clear that the pre-paid card is not working the way the Kent Council had hoped. The use of these cards is a highly contended issue and they consider this a high priority at the Centre for Independent Living in Kent. Members of the council and representatives from RBS had previously gone to speak to the Individual Budgets reference group and to demonstrate the pre-paid card system. They faced many awkward questions and the overall reaction was negative.

NCIL sited four main reasons these pre-paid cards are not able to work in practice. Firstly, they are hugely expensive to administer. They are a fancy gimmick with an enormous transaction cost. Up to now the Kent County Council has not been transparent about their use which has angered tax payers.  Secondly, is the feeling that a pre-payment card is a ‘big brother’ style intrusion into people’s ability to have total control and choice. According to NCIL this form of intrusion is completely unacceptable and it seems to be the only way these cards can work; by knowing who spent what and when. Thirdly, they don’t allow for choice and control because only a finite amount or outlets accept pre payment cards. There is no option for using the card at a provider who is not on the scheme; this is extremely limiting. Finally, the Council are trying to lay the success of the Personal Budgets scheme down to the pre payment cards and NCIL says this is not factually correct. In Kent the council is claiming to have widened the reach of PBs by introducing these cards but in truth they go against the fundamental spirit of PBs.

In addition, the Council is seemingly intimidating PB users into the pre payment card system. Only people who are in the know are aware that they are optional. According to the NCIL this is certainly something Kensington and Chelsea should not enter into.

Furthermore, speaking to Caroline Tomlinson, the lead on consumer support and member support manager for In Control more issues came to light. Caroline pointed out that Kent County Council are using the pre-loaded card system and it has been hugely expensive, for this reason it has been implemented for only 30 people. The biggest issues with the cards are the transactional cost and the fact that the facilities often don’t exist for the card to be used making it hard. The cost for care will escalate and the person who will end up having to pick this cost up will most likely be the service.

She went onto emphasise that it’s unclear whether this is a fair process. In reality, why does one need these cards when they can attach a credit card or a debit card to the account their PB is going into

Caroline also said If Local Authorities want to limit the ways in which users are spending their budget there are more efficient methods! This could be through an online marketplace for example with virtual transactions. In this case the Local Authorities can claim back VAT whereas they can’t with the card. The card will only be as good as the suppliers who accept it.

She went onto say that the reason behind reinventing a system that already exists is unclear, and just adding more bureaucracy and administrative strain. Social support is building a virtual reality when we have a real world that exists.

She continued that, these types of cards are limiting the creativity and choice for PB users. The idea of creativity is a great one until you dig a bit deeper. These cards will not allow for the creativity of legal rewards as a thank you for doing your shopping or providing emergency care. There are currently 6 ways to manage a personal budget, and it’s understandable to want to ensure that the money is going towards the right outcomes. The most effective way of maintaining independence, choice and control for someone who either has no capacity or is at risk of misusing the PB is with a managed budget such as that provided through third party payments. Real independence, choice and control comes from having a bank account and a credit/debit card that you can use from that account. The other thought is that having one’s own bank account further gives ownership to the individual.

It is clear that the pre-paid cards haven’t worked well in Kent as yet seem very limited and are not widely used.

The Department of Health made it very clear that there should always be more than one option so that no one is ever forced into using a system they feel uncomfortable with. They also pointed out that the card in itself is not a restrictive measure but can limit the service user’s control depending on the restrictions the council intends to apply.

Following the introduction of the pre-paid card system, PB users expressed how this was affecting their independence, choice and control.

"I have the right to open a bank account if I so choose! The personal budget was created according to my needs. I may be a disabled person but I am an adult who knows how to make choices. The pre payment card should be an option for people who do not want to manage their own accounts not a system to be a Big Brother and watch my every move. Where is my choice, control and independence in all this?"

"For the first time Personal Budgets has given me control over how, when and where I live my life and manage my disability. Pre payment cards will take all this away. I will fight this all the way."

"The pre payment card should be given to people who are at a high risk of abusing the system or those who do not want the responsibility. It should not be forced on us. I do not want to ask permission to be in control."

"As usual we are not considered as having the ability to run our own lives. We are constantly being bottle fed and treated like second class citizens who are not capable of managing money and needing permission to exist! Pre payment cards are another control over the way we live."

Various councils are considering the pre-paid card system, but it is important to understand whether they see it as an option or a default. Westminster City Council are piloting the pre-payment cards as an option for people who prefer to use them. Barking and Dagenham are not currently using pre-payment cards but want to pilot them soon. They will be an optional choice. There will be restrictions on the card but hopefully as few as possible. They are looking into being able to use the cards for cash payments and withdrawals but they are aware that this is quite expensive and are not sure who will be able to cover the cost. Cheshire East Council use empowerment cards but these are completely optional; definitely not a default. They are still in the trial stage.

In conclusion, it is important to ensure that pre-payment cards are an efficient system for both service users and councils. The benefits of pre-payment cards are that they provide an alternative for people who do not want to manage their own money either because they are at risk of misusing their budget or because they do not have the capacity to do so.

The limitations to the system are that it takes the control and choice away from people who are able to manage their budgets. Individuals have to ask for permission to have a change of use for the pre payment card whether it is in an emergency or a change of direction to meet the same outcome.  This seems to be creating a reliance on social services and a move away from independence and back to a system of dependence.  The pre payment card seems to move away from the fundamental principles of personalisation i.e. keeping the user in the centre of the PB process. The pre-payment card could be very effective in certain situations, but should be used as an option and not as a default.

DO YOU HAVE A PRE PAYMENT CARD? HOW HAVE YOU FOUND IT? WHAT WERE THE GOOD/BAD POINTS? HOW WOULD YOU CHANGE IT? Leave us a comment!

News - Social Care Cuts Unlawful - BBC

Disabled people got together to take Birmingham council to court over changes in elegibility - here is the result:

 

Birmingham City Council disabled care limits 'unlawful'

Councils cut back on social care

• Social care 'job for everyone'
• Keeping care in the family

Judges have ruled that Birmingham City Council's plans to limit social care for disabled people are unlawful.

The families of four severely disabled people took the case to the High Court sitting in Birmingham.
The test case is the first in a series of possible legal challenges to councils around the UK mounted by those facing cuts to social care.
Birmingham City Council is planning to reduce care packages to about 4,000 people over the next three years.
The authority, a Conservative-Liberal coalition, says it needs to make the cuts to help slash £118m from its adult and communities directorate.
In total, a spokeswoman said, it needs to save £308m from its budget.
It explained that only those whose needs had been assessed as "critical" would qualify for council-funded care.
But the judges ruled that the council business plan was unlawful because it failed to comply with Section 49a of the Disability Discrimination Act.
The four people, who cannot be named for legal reasons, include a 65-year-old woman with severe learning difficulties who receives 24-hour care in a home paid for by the council.
'Hugely beneficial'
They also include a 25-year-old man with a rare genetic disorder and severe learning disabilities who receives overnight respite care, also funded by the council.
Both were set to lose their council-funded care.

"This is a landmark ruling and a tremendous victory for thousands of vulnerable people across Birmingham”  Tony Rabaiotti Unison

The sister-in-law of the 65-year-old woman said: "I'm deeply concerned about what impact this will have and it's important to take a stand here.

"She relies on the council's support to assist her with daily living skills and to support and promote her independence, including assisting with personal care tasks, preparation of meals and safely accessing the community.
"The care is hugely beneficial and without it her quality of life would fall dramatically."
The case was also brought on behalf of a 30-year-old deaf, autistic man with severe learning disabilities who is prone to self-harm. His specialist day care would also have gone under the plans.
The fourth person is a 36-year-old woman with severe learning difficulties whose day care centre will close and who is also set to lose respite care.
A spokesman for the council said they would be looking at the judgement in detail before making a decision on whether to lodge an appeal.
He said: "The generality of the budget is not affected, this is a decision about the eligibility criteria for adult social care.

'Opportunity to pause' 

"Like all councils, Birmingham faces a huge financial challenge, with adults and communities having to make a share of the savings like all other directorates, and we need to assess the impact of this decision.
"It is also important to point out that this judgement is about the process we went through with regard to the Disability Discrimination Act, not the actual decision about where savings should be made."
Tony Rabaiotti, head of local government in the West Midlands for public sector union Unison, welcomed the ruling.
He said: "This is a landmark ruling and a tremendous victory for thousands of vulnerable people across Birmingham who rely upon social care provision.
"Social care workers across Birmingham have been telling Unison over the last few months that they are genuinely frightened by the proposal to so severely axe social care provision.
"They have been telling us that vulnerable people will simply be left to fend for themselves. The council now has the opportunity to pause, think again and work with us to maintain quality social care provision for the people of Birmingham."

http://www.bbc.co.uk/news/uk-england-birmingham-13147675

Do you employ? Are you exempt from filing tax returns online?

Usually employers can only file their yearly returns (information about tax and insurance payments) online- but if you employ a Personal Assistant / Care worker with your Personal Budget, you might still be able to do this using the old paper forms. This is what the HMRC (inland revenue) say:

Guidance for employers exempt from online filing

Who can file either online or on paper?

Only the groups covered below have the option of filing their annual return and in-year starter and leaver forms either online or on paper.

Employers operating HM Revenue & Customs simplified deductions scheme for domestic employees

Unless they have previously received a tax-free payment for filing their return online, employers who operate this scheme (using forms P12 and P37 instead of forms P14 and P35) can file either online or using paper forms. There's no need to claim exemption in these circumstances. For more details on operating this scheme see our guide simplified PAYE for domestic employees.

Employers who employ someone to provide care or support services at or from their home

To claim exemption, you must write to your HMRC office with full details so your claim can be considered. The following conditions must be met:

• the care or support services must be provided to the employer or a member of their family
• the recipient of the services must have a physical or mental disability, or be elderly or infirm
• the employer cannot have received a tax-free payment in respect of online filing in the preceding three years
• the employer must be filing their return themselves, not having someone else (such as a relative or accountant) file it on their behalf

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1084033533&r.l1=1073858808&r.l2=1083106843&r.l3=1083107336&r.l4=1084033494&r.s=sc&type=RESOURCES

Our new facebook page

We now has a Facebook page! The user name is "ADKC Personal Budget User Group" - so if you are a fan of using Facebook please do follow us. If you want to be a "friend" just click the link and Martha or Jenny will get back to you!

http://www.facebook.com/pages/ADKC-Personal-Budget-User-Group/204378856262451#!/pages/ADKC-Personal-Budget-User-Group/204378856262451

RBKC Service User Board Meeting - May.

Every 3 to 6 months RBKC holds a "Service User Board" meeting, in which representatives from a number service user groups (including the PB peer support group) meet. We can have 2 members of the PB user group attend this meeting so if you would like to be one of the reps for the meeting on May 16th  please contact Jenny H - pbsupport@adkc.org.uk - or 020 8960 8888.

PLEASE NOTE This meeting is about general issues common to all user groups (not specifically Personal Budgets) and isn't a forum to bring up your own individual issues.  It would be good if you could feedback about what happens in this meeting to people at the PB group so everyone is up to date with what issues there are for other groups in the borough

Proposed agenda for 16 May

First hour                   a) Update from Jean Daintith - current issues for Adult Social Care, plus time for questions and comments

b) Five-minute update from each of the six groups represented on the SU Board - current issues and work in progress.

Second hour              Mary Wynne, Safeguarding Adults Co-ordinator will speak briefly about her role within Adult Social Care and what safeguarding is about (protecting people from abuse and neglect). There will then be a chance to give views and ask questions.  (This item was originally scheduled for the October meeting which Mary was unable to attend).   

Training opportunity for Mental Health Service Users

The Council are running the following training course, if you are interested please contact the person below (and let the PB team know that you are interested!!)

Training:  RBKC Recruitment Training for Mental Health Service Users

RBKC is holding a training session on Tuesday, 24^th May for mental health service users to be on recruitment panels.  If you would like to take part in staff recruitment at the council then please contact Anne Hopewell, User Involvement Coordinator on 020 7361 3792 or anne.hopewell@rbkc.gov.uk

ODI Choice and control project - website of interest

The Office for Disability Issues (ODI) has launched a "Choice and Control" web page which is designed to act as a tool for "social care" professonals such as Social Workers, self directed support teams etc.

http://odi.dwp.gov.uk/odi-projects/choice-and-control-for-disabled-people/index.php

The ODI are looking for people's real life stories about the value of personal budgets / personalised services, in order to share these as examples of good practice and to encourage Social Service Departments to allow disable people to have nore control over how their support / care is provided.

If you are interested in submitting your positive experiences of using your personal budget, please contact Jenny H, pbsupport@adkc.org.uk or call her on 020 8690 8888

News - Cuts should not derail Personal Budgets - Guardian

Cuts should not derail personal budgets

• Martin Routledge
• The Guardian, Wednesday 13 April 2011

The personalisation of care and support for disabled and older people must be protected, for the sake of their independence

Personalisation of care and support has been a great breakthrough, and it retains broad political and sector support. But there's a danger of it being badly – and unnecessarily – damaged in these austere times.
The development of personalisation in social care is part of a wider shift in our society towards including all people as fully equal citizens. This is long overdue, has had to be fought for, and is far from complete. It has emerged primarily from the efforts and struggles of disabled and older people, with support from their progressive allies in public services.
Over many years, disabled people worked out how to achieve independence and avoid services that trap them in dependency and limited lives – by demanding direct payments and personalised support. They had to fight to take charge, often achieving this despite a service system that struggled to shift away from its institutional roots. In recent years, the social care policy of successive governments has started to reflect people's aspirations to direct their own lives, in particular through the introduction of personal budgets and an expectation of tailored support. While this is to be welcomed, it does not of itself transform the way people experience care and support. This big change to culture and practice is still in its relatively early stages in many areas.
In a period of severe resource pressures, and with worrying reports of significant budget cuts in disability and older people's services in some areas, we wait and hope for a funding solution from the government's Dilnot commission, which is due to report in the summer
In the meantime, there is a high risk of distraction from, and perversion of, the things that make personalisation real. In some places we see crude cuts being justified in its name, or restrictions on the use of personal budgets, which make no financial sense yet seriously hinder opportunities for creativity and efficiency. Where rigid local rules only allow individual budgets to be spent on "personal care", this means people can't make their money work harder by, for example, supporting themselves into work.
As a result, some people start to see personalisation as part of the problem rather than central to the solution. It's vital that councils and providers demonstrate the difference being made and share the results with local people. Evaluation carried out by In Control has shown an improvement in quality of life for two-thirds of people with a personal budget, and dignity in care improved for more than half. Further findings from a national personal budget survey will also be available soon, giving a detailed picture of their impact.
The Think Local, Act Personal Partnership is launched this week, a coalition of more than 30 organisations working in social care. It argues that when resources are tight, they have to be used especially well. This means a preventive approach. It also means personal budgets delivered without unnecessary bureaucracy so that people can target resources, based on their expertise in their own needs and lives. At times like this we mustn't take our eyes off the prize for which people have fought for so hard and so long. Instead, let's work, argue, influence and fight for true personalisation.• Martin Routledge led the Department of Health personalisation delivery team. He is now head of operations for In Control.

http://www.guardian.co.uk/society/joepublic/2011/apr/13/personal-budgets-social-care-cuts-disabled-old

News - Councils slashing free adult social care - Guardian

Councils slashing free adult social care

• David Batty
• guardian.co.uk, Saturday 16 April 2011 15.42 BST

Discrimination warning as coalition cuts prompt local authorities to set bar higher for eldery and disabled to receive care

Council have started providing adult social care only to those most in need, says the Association of Directors of Adult Social Services (Adass). Photograph: John Stillwell/PA

Thousands of older people and those with disabilities have had their care cut in the past year as cash-strapped councils reduce the level of support they provide, a survey has found.

The number of councils in England cutting back on free adult social care has increased by 13% this year, according to the Association of Directors of Adult Social Services (Adass).

It found that 19 local authorities had raised the eligibility bar for free adult social care.

Six councils, including the largest, Birmingham, are limiting free care to people in "critical" need, which includes those with life-threatening conditions. Another 116 of 148 councils surveyed only fund people with substantial needs.

Only 22 local authorities now fund people with moderate needs, such as those too frail or ill to eat a meal or take a bath without assistance. Previously, 36 councils gave this assistance.

Richard Jones, chairman of Adass, told BBC Radio 4's Today programme: "This is a group who five years ago half of councils were providing support to, now we're down to fewer than 20%. And we fear with more cuts to come in future years it could get even worse."

The move follow a sharp reduction in central funding for local authorities by the coalition government.

Andrew Harrop, of the charity Age UK, warned that people could die as a result of the cuts, some of which could prove to be illegal.

"They may be failing in their duties under disability discrimination laws or under the Human Rights Act because all public authorities are responsible for looking after the very most disabled and vulnerable," he told the BBC.

"If a level of support fails at the very minimum test it could be deemed illegal."

The government has allocated an extra £2bn a year by 2014-15 for social care services but this was not ringfenced and follows deep cuts in local authority funding.

A Department of Health spokesman said: "This funding, together with an ambitious programme of efficiency, should enable local authorities to protect people's access to services and deliver new approaches to improve their care."

Adass said the scale of the cutbacks meant frontline social care services would be affected and the situation would only get worse without reform.

"Given the scale of the reductions required and the differential impact on councils, there will be some service reductions in some places with just under a quarter of planned savings falling into this category," it said in a statement.

"This year's savings targets in councils are just the beginning of a three to four-year programme of reductions; demographic pressures will not abate and councils' ability to find alternatives to service reductions will inevitably reduce over time."

An independent commission on social care set up by the government is due to report in July and will put forward plans in a white paper before the end of the year.

Andrew Dilnot, head of the Commission on the Funding of Care and Support, said adult social care had "always been a cinderella service" that has never worked.

"The system that we have at the moment is not one we can be proud of and it is under enormous pressure," he told the BBC.

"It's widely seen as unfair. Even before the reductions in local authority funding that are going on at the moment this was a system that needed reform.

"There's no doubt that there's a growing amount of unmet need."

Dilnot suggested that he backed a national system of assessing care, which would allow for local variation in the way it is delivered.

http://www.guardian.co.uk/society/2011/apr/16/adult-social-care-cuts-adass

Do you need to register as an employer? HMRC - website of interest.

Some people have asked me if they need to register their workers with the HMRC (Inland Revenue). At a recent training session I was advised that everyone should, even if they pay under the limits, however blow is the advice on the HMRC website. Whether you pay under or over the limits you should have your worker sign a P46 form, as evidence of their status.

Employing someone to work in your home.

Tax and National Insurance when employing people in your home
If you take someone on to work in your home - like a nanny, cleaner, carer or other domestic staff - you may be legally classed as their employer, and may have to deduct Income Tax and National Insurance contributions from their wages through the PAYE (Pay As You Earn) scheme. If they earn below a certain level you can operate a simplified PAYE scheme.

On this page:

• Who counts as an 'employee'?
• When you must operate PAYE
• Simplified PAYE Deduction scheme for domestic employees
• Registering as an employer
• Avoiding employing someone illegally
• Using a payroll agency
• Your employee's rights
• Where to get help
• More useful links

Who counts as an 'employee'?

Sometimes it's very easy to decide whether or not someone is your employee. For example, if you take on someone who has replied to your advert, where they follow your directions and work only for you, they will almost certainly be your employee. On the other hand, if you buy services from a business that has several employees and works for several customers, that business is the employer, not you.
Special rules apply to workers supplied and paid by agencies, which mean that the agency has to operate PAYE. If an agency supplies someone to work in your home and you (not the agency) pay the worker, contact your Tax Office regarding PAYE.
There are also special rules for deciding if someone is employed or self-employed. This is called their 'employment status'. Read our related guide below to find out more - if they are self-employed you don't need to worry about operating PAYE.
Read more about how employment status is determined

Top

When you must operate PAYE

Whether or not you need to operate PAYE (deduct Income Tax and National Insurance contributions from their pay and pay employer's National Insurance contributions) depends on your employee's overall earnings. The figures below are relevant for the tax year 2011-12.

If you pay them more than £136 a week

If you pay your employee more than £136 a week you'll have to operate PAYE.

If you pay them between £102 and £136 a week

If you pay your employee between £102 and £136 a week inclusive and this is their only job and they don't get other taxable income, there are no tax or National Insurance contributions due, but you'll need to fill in a 'PAYE Deductions Working Sheet' or equivalent record showing how much you pay them. This is because pay of £95 a week or more counts towards your employee's basic State Pension and needs to be recorded.

If you pay them less than £102

If you pay your employee less than £102 a week and they don't have another job elsewhere - or other taxable income such as a pension - you don't have to do anything.

If they have another job or other taxable income

If your employee has another job - or other taxable income, such as a pension - you'll need to operate PAYE no matter what they earn. This is because their tax-free allowances will normally be set against the pay from their main job or pension, which means tax may be due on their earnings from you.

Top

Simplified PAYE Deduction scheme for domestic employees

The Simplified PAYE Deduction Scheme is a way of operating PAYE which requires less form filling than the PAYE schemes operated by most employers.
You can use the scheme if your personal or domestic employees' taxable earnings don't exceed £160 per week or £700 per month (2009-10).
Find out more about the Simplified Deduction Scheme
If their taxable earnings are more than the figures above you must operate PAYE in the way that most employers do. Find out more in our guide 'Taking on a new employee' under 'More useful links' at the end of the page.

Top

Registering as an employer

Where you have an obligation to operate PAYE you should contact us to register as an employer. We'll send you everything you need in the 'New Employer's Starter Pack'. If you're eligible to use the Simplified Deduction Scheme, tell us when you call us and we'll send you the Simplified PAYE Deduction Scheme Employer pack.

Top

Avoiding employing someone illegally

Bear in mind that if you're going to employ someone from outside the UK, you'll need to make sure that they're entitled to work here before they start working for you. The government has recently introduced checks that you must make on all new employees to safeguard you from employing someone illegally.
Read the Businesslink guide, 'Ensuring your workers are eligible to work in the UK'

Top

Using a payroll agency

If you don't want to operate PAYE yourself, there are payroll agencies that will do it on your behalf. You send them details of your employee's gross wages (before tax) and they operate PAYE and prepare payslips for you. The responsibility for PAYE remains yours where you engage a payroll agent to act on your behalf.
You can compare the services of payroll agencies online.
Read about outsourcing payroll on the Businesslink website

Top

Your employee's rights

As well as dealing with your employee's tax and National Insurance contributions, you also need to be aware of your other obligations as an employer. Anyone you employ - even if they are part-time or temporary - has employment rights.
Learn about employee rights and employer obligations on the Directgov website

Top

Where to get help

You can get help by ringing our New Employer Helpline on Tel 0845 607 0143, open 8.00 am to 8.00 pm, Monday to Friday, and 8.00 am to 4.00 pm on Saturday.
Becoming an employer for the first time

Top

More useful links

Taking on a new employee
Information from Businesslink about setting up as an employer

http://www.hmrc.gov.uk/working/emp-in-home.htm (this link gives figures for the tax year 2009 / 10 - I have corrected this of the PAYE part on the text above)

News - Councils accused of flouting guidance on care charges - Community Care

Councils accused of flouting guidance on care charges

Vern Pitt

Friday 08 April 2011 17:34

Councils are flouting government statutory guidance on the level of charges they can levy on disabled people for care services, campaigners have claimed.

The Coalition on Charging claimed some councils were departing from guidance specifying how they should take into account the additional costs of being disabled when levying charges on users in receipt of attendance allowance or disability living allowance.

Under the government's fairer charging guidance, councils should assess DLA and AA claimants' disability-related expenditure in order to leave them with enough money to pay for "reasonable expenditure needed for independent living".

However, the coalition said a study of 15 councils' charging policies found cases where the guidance was not being fully complied with.

It said Cambridgeshire Council gave DLA or AA claimants the option of a £26 flat payment a week in lieu of an assessment of disability-related expenditure.

"We don't think blanket policies conform with Department of Health guidance because we know that many disabled people's full expenditure is not identified when blanket policies are used," said Neil Coyle, chair of the coalition, which represents over 20 disability and older people's organisations.
"We see this approach as causing significant hardship for disabled people and their families," he added.
However, a Cambridgeshire Council spokesperson said: "Guidance for staff makes it clear that service users must be given the option of receiving either a standard disability-related cost regard or an individual assessment of their disability-related costs."
He said some users may see the option as positive as they would not have to undergo an assessment of their spending, but added that the policy would be reviewed in 2011-12.
The coalition also found that 12 of the 15 councils sampled had increased hourly charges for home care in the past year, while 12 had either abolished or raised maximum weekly charges for care services.
The coalition said it would be investigating council's charging policies further and would consider legal challenges where it felt there was a breach of statutory guidance.

http://www.communitycare.co.uk/Articles/2011/04/08/116651/councils-accused-of-flouting-guidance-on-care-charges.htm

News- local woman challanges RBKC about caer cuts - Community Care

Supreme Court to rule on councils' powers to cut care

Vern Pitt

Thursday 31 March 2011 12:00

Councils' power to cut services could be restricted by the Supreme Court next week, after the right to an appeal was granted in a landmark case.
In November last year, Elaine McDonald, who is disabled, lost her case to force Kensington and Chelsea Council to continue to fund her night-time care, which provided assistance for her frequent overnight visits to the toilet. The London council blamed the withdrawal of the service on cost.
Kensington and Chelsea has now replaced McDonald's sleep-in carer with incontinence pads.

But lawyers appealing against the decision have now been granted the right to have the case heard in the Supreme Court on 4 April.
Douglas Joy, senior solicitor at the Disability Law Service, which is fighting the case, funded by the Equality and Human Rights Commission, said: "It's the highest court in the land. It's the last chance to score a victory for Elaine."

Joy will argue that the removal of night-time staff without a new assessment of need breaches community care law. Although McDonald's care was reviewed in 2009 and 2010, she says she was not aware that this could fundamentally change provision. This, it will be claimed, was tantamount to a failure to meet the guidance on what constitutes a reassessment of need.
Joy will also argue the original decision breaches McDonald's right to dignity, which is guaranteed by article eight of the European Convention on Human Rights.

In addition, he will claim that McDonald has been discriminated against on the grounds of her disability because the council had failed to make adjustments to services to account for this.

Kensington and Chelsea Council declined to comment.

RBKC consultations that migt be of interest

The RBKC website has a page about topics they are consulting on. The web page for this is https://www.consultation.rbkc.gov.uk/kms/dmart.aspx?noip=1 on which you can see all current, previous and planned consultations.

Some consultations are of interest to disabled people although they are not specifically about Personal Budgets. The consultation below is still open (as of 8th April 2011) - so if you want to make a comment please follow the web link below to find out more:

Customer Insight into Employment Support for Incapacity Benefit Claimants

Aim:  To gain insight into th employment support needs of long term Incapacity Benefit Claimaints. This is an exercise spanning Kensington and Chelsea, Westminster, Camden and Islington.

https://www.consultation.rbkc.gov.uk/kms/dmart.aspx?noip=1

Protest March, rally and lobby of parliament - May 11th

The "Hardest Hit" are organising a protest march, rally and lobby of parliament which will take place on 11th May. This is hoped to be the biggest gathering of disabled people to protest against the changes / welfare reform, which will radically worsen the lives of disabled people.

Independent living, choice and control, benefits, human rghts and quality of life for disabled people are at risk - if there is only one protest that you get involved in - make it this one!

If you are interested in attending any part of this please sign up using the weblink below:
http://e-activist.com/ea-action/action?ea.client.id=1677&ea.campaign.id=9876

News - Reablement must be personalised if it is to improve - community care

The PB team has come across a number of PB users who have had to go into hospital and, when they come out, have had to use a council-provided agency for 6-weeks "reablement and rehabilitation services" to provide basic care, rather than being given extra money as a PB so they can have their existing Personal Assistants / Care Workers assist them to do a wider range of things. This is a cause for concern for many people and goes against the Choice and Control ethos of Personalisation. This is what "Community Care Magazine" has to say about it....

Reablement 'must be personalised if it is to improve'

Jeremy Dunning

Monday 04 April 2011 11:50

Reablement services must be made more personalised if they are to improve and promote clients' independence, consultants said today.

Currently, reablement remains a service that is largely "done to" the service user, the consultancies Ambrey Associates and Helen Sanderson Associates warned. "People face too many, uncoordinated assessments and staff are under pressure to meet short-term goals before they "move people on", their paper added.

The warning is timely given the importance being placed upon reablement services by government, the NHS and local authorities as a way of cutting the costs of long-term care and support. The Department of Health has allocated £150m to the NHS this year and £300m next year to spend on reablement, which involves the provision of short-term support to help people regain independence following a crisis, to help minimise their future care costs.

However, the paper, A New Reablement Journey, found reablement was focused on helping people carry out personal care tasks, rather than meeting social needs, and people who needed support after a period of reablement were often inadequately prepared for the transition to other services.

It said reablement should be reshaped around 10 principles to maximise independence, choice and control, including that:-

• Reablement can be just as appropriate for a younger person with a physical or learning disability as an older person in need of help with personal care tasks.

• People should be able to self-direct the support available to them to achieve the outcome of maximised independence.

• People should have information about the resources available to them and support to plan and make decisions for when their reablement programme ends.

• Relevant information about a person should only be collected once and with their full involvement and consent.

"Maximising independence becomes something that should underpin all social care support and not be confined to age or disability, or to the first few weeks of a person's journey," said Jenny Pitts, one of the authors from Ambrey Associates.

The approach is being piloted in Walsall whose executive director for adult social care and inclusion, Paul Davies, said: "More people should have the chance to maximise their independence and have choice in how that is achieved. Reablement is not just about practical self-help; it's about living life as fully as we can; we have to work holistically to achieve that and have a person centred approach."

http://www.communitycare.co.uk/Articles/2011/04/04/116612/reablement-must-be-personalised-if-it-is-to-improve.htm 

DLA reform - government response

A few month ago the DWP (Department of Work and Pensions) started a consultation about the changes to DLA / introduction of the PIP (personal independence payment).

ADKC was one of the many organisations that responded - here is what the government have to say:
http://www.dwp.gov.uk/docs/dla-reform-response.pdf

No increase in PB - campaign group members needed

If you have read this blog, or the ADKC Newsflash, you will have seen that there is not going to be any increase in PBs this April but at the same time there are increases in agency fees and National Insurance for Employers- meaning that some people won't be able to afford the care they are currently getting / will have to change agencies etc. This will take away people's choice and control!

The ADKC exective committee has agreed that we should campaign against this! We need your ideas on how we should go about this (petitions, protests, even sit-ins - the choice is yours!), who to deal with (council offices, local Councillors, MPs, the media?) and what tack to take.

If you are interested in being part of a campaign group please let us know - contact Jenny at pbsupport@adkc.org.uk or on 020 8960 8888. The more people we can get the better!

PB meeting 6th May Agenda - your ideas needed

The next PB peer support group meeting will be on 6th May from 1.30-3.30 at the Lighthouse.

At the meeting there will be two items on the agenda:
1. Headline Feedback to the Council about issues Personal Budget users are having (see below)
2. Working with the Council to solve these issues.

At the PB meeting on the 30th March, we started think about what the issues are - we did this by thinking "what is the problem?" and "why is it a problem?" (see below for some issues that people have brought up). These are some of the things that group members came up with (including some things that individuals have been raising with the PB team). If you have any issue that you would brought to the council's attention please get in touch with Martha (pbadmin@adkc.org.uk) or Jenny (pbsupport@adkc.org.uk) or call us on 020 8960 8888.

A couple of ideas that came up were-

 

Disabled people still don't have clear guidance around uses of PB

This is a problem because:

1 People don't know about the innovative ways of using PBs

2 Some people have used their PBs for wrong things, then have had to pay back the money

3 People have been told they can only use their PB for care, when this is not the only way

4 People who have been using PBs for a while are now being told they can't use their PBs in the same way

 

There is not going to be an increase in PB amounts

This is a problem because:

1 Agencies tend to put their rates up

2 There is an increase in employer's National Insurance contributions

3 Some people are already using the cheapest agencies / cannot decrease their Personal Assistant's hourly rate so will have to reduce the amount of care they get

4 This is taking away people's choice and control

5 Agencies don't really negotiated the prices for people with small care packages

 

People don't understand how the money is allocated

This is a problem because:

1 People can't see how all there needs are being taken account of

2 People compare themselves with other people in "the same" position and find that they are getting less

3 People are getting different figures everytime they do a new SAQ / have a review

4 People don't know what the amount is supposed to cover.

 

I am sure that you can add a few more "headlines" and reasons!!

 

On the 6th we will be looking at these and discussing

1. what the council can do

2. what we (local disabled people / the PB group / ADKC) can do to address these issues!