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Employing a resident relative

There is no legal restriction on individuals using their direct payment to pay relatives who don't live with them. 

There are restrictions for employing a resident relative who live under the same address, this would include:

  • a husband, wife or civil partner
  • a boyfriend, girlfriend or partner
  • a close relative for example a son, daughter, in-laws, brother, sister, in-laws niece, nephew
  • a partner of the close relative

The employment of one of these partners or relatives is only agreed in exceptional circumstances where there is not an acceptable alternative source of support that is available through the use of direct payments or alternative services before agreeing to these arrangements.

Those being paid via the direct payment as a personal assistant cannot also manage the direct payment account on behalf of the recipient, and in these cases a managed account through the direct payment support service is recommended, although there must be an employer, this cannot be the employed Personal Assistant.  

Difficulty in the recruitment of workers is not a reason in itself for the exceptional circumstances to be applied, but a crisis situation may be considered for an interim period for example of 3 months.
some exceptional circumstances may include: 

  • cultural/ religious needs
  • when the person’s mental health would be detrimentally effected by other arrangements. 
  • stages of terminal illness
  • when the care cannot be provided by any other means

The employment of a resident relative would need discussing with your social care worker and manager authorisation required prior to any agreement of the budget. 

From 1 October 2021 for advice, information and guidance on direct payments Barrie Bookkeeping and Payroll Solutions and the service is free to residents of Worcestershire