Employing Family Members

It is possible to employ a family member to provide support. However, this must be supported by the Local Authority's agreement. There are also other considerations.

Self-Employed PAs

It is important for PA Employers to understand the difference in employment status between an employee and a self employed PA. This is because it can be very difficult to identify someone as being a self employed worker. If this is not done correctly, this could lead to significant financial costs for the PA Employer, which could even happen many years after the PA had worked.

PAs Role in Helping to Administer Medication

It might not always be appropriate for Personal Assistants to administer medicine and in many cases training by professionals is required which will be the responsibility of the employer but PAs have responsibilities here too.

Personal Outcomes and PA Employers

PA Employers are likely to identify their Personal Outcomes in their Personal Outcomes Plan (or Support Plan). These will focus on what’s important to the Employer and what they would like to achieve.

Finishing with Being an Employer

There might be a number of reasons why someone no longer wants to be a PA Employer. This could because the employer's circumstances have changed and they would prefer not to be an employer anymore, or their needs have changed and they require a different type of support. Whatever the reason might be, there are a number of things the PA Employer needs to be aware of and manage when bringing the PAs employment to an end.

Covering the cost of PVG checks for Social Care Workers

The Scottish Government has agreed to cover the cost of PVG checks for Social Care Workers (and comparable roles in Justice and Children’s Services) from 1 October 2022 – 31 March 2023, as part of actions to support winter resilience across the health and care system.

Changing Your SDS Option

There are 4 Options under Self Directed Support. These are about how a person's care and support can be arranged and how the money that is needed to pay for this is managed. A PA employer could change their SDS Option at any time. However, each Option might change the way in which support is arranged for that person, so they need to think about how each Option relates to their own personal circumstances.

An Employer’s Responsibilities to their PAs During COVID-19

The legal responsibilities that an employer has when dealing with issues that relate to COVID-19 and the employment of their PAs. This covers areas such as Risk Assessments, Face coverings, enhanced cleaning and vaccination.

Advocacy Services

Advocacy is a way to help people have a stronger voice when talking about their needs so they can have as much control as possible over their own lives. Independent advocates don't work for the council and put your needs first and details on how to find one near you are here.

Thank you

To recognise the time and expertise that everyone has provided to enable this resource to be developed.

Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.