Direct payments and personal assistants

Employing someone to support your child, and what that makes you.

What it is

Where a direct payment is used to employ a personal assistant, the family becomes an employer with the legal duties that carries.

Where it applies

Families using direct payments from education, health or social care budgets.

How it works

Employer duties include a contract, PAYE, National Insurance, pension auto-enrolment, holiday pay, insurance and safe recruitment including a DBS check where the role is eligible.

Most councils fund a payroll service and some fund employer's liability insurance. Many families are not told this.

What you can ask for

Ask what support the council funds for the employer role — payroll, insurance, contracts, recruitment. It usually exists.

Ask what happens to the money if the assistant is off sick or leaves.

Consider a managed account or a provider instead if the employer duties are more than you want. That is a legitimate choice and it is rarely offered.

Where to get help

Your council's direct payments team. Disability Rights UK and Contact publish guides for families employing PAs.