Employed personal assistants
You are legally required as a person who employs staff to have insurance. The Council strongly recommends that you use Penderels Trust (opens in a new window) a direct payment support service to do this.
Accidents can happen in a number of ways, for example the personal assistant may trip, fall or be involved in a car accident. It could be that the personal assistant thinks you as the employer is to blame for this and may hold you responsible. Sometimes Employer’s Liability Insurance and Public Liability Insurance can be included in a comprehensive household policy but most policies don’t. You must check with your own insurance company and not assume that it does for these purposes.
This insurance must be in place before your personal assistant can start work:
Employer liability insurance
If your employee is injured whilst working for you and you are held legally liable you will be protected to cover legal costs and compensation. By law most employers must have employer's liability insurance.
Public Liability Insurance
This will insure you against any damages or injury caused to someone else by you or your personal assistant while working for you.
Your direct payment will cover the cost of this insurance. We do not recommend who you use to provide your insurance cover but a direct payment support service will provide you with information on where to go.
We advise you take out a policy that covers you in the event that your personal assistant takes you to an industrial tribunal or you need to make someone redundant. There are terms and conditions you must adhere to and these will be explained by the insurance company.
Self-employed personal assistants
The Council strongly recommends that you do not use people who are self-employed to support you as a personal assistant.
It is extremely unlikely that the Inland Revenue would consider anyone who works as a personal assistant in your home as self-employed, but if you have had this confirmed it is the responsibility of the personal assistant who is self employed to provide their own insurance cover to offer their services. You must ask to see a copy of the policy before you agree they can provide you with the service. You would not pay for the insurance for someone who is self-employed.
It is the responsibility of the agency to have the correct insurance cover before offering their services. You must ask to see a copy of this before buying their service with your direct payment.
Using a vehicle
If your personal assistant is providing transport for you in their own vehicle they will need to ensure they take out the appropriate insurance cover. You must advise the personal assistant to contact their insurance company and request business cover and show you a copy. If the personal assistant is driving your vehicle you must ensure they are added onto your insurance policy.
Who can I contact for more advice?
You can contact the Access, Triage and Intervention Service (ATIS) please call 01905 768053.
Offer advice, guidance and practical solutions to enable people with disabilities and older people to live independently in their own homes, to achieve their goals in life and to help them play an active part in their community. For more help with personal budgets and direct payments visit the Penderels Trust website (opens in a new window).