Microproviders and Personal Assistants (PAs) – FAQs

People often choose to have a PA or Microprovider as they may feel this offers a more personalised service and allows them to have full choice over who offers them support.

It is a shared responsibility between the person needing care and support (or their family and friends) and the Microprovider or PA to ensure they have the right skills to work with them and provide the support they need.

Yes – but it may not be the best option for everyone. Whilst it may offer more choice and control for some, engaging or employing someone to provide support also involves more responsibility. This requires thought and discussion before you make a decision to organise your own care.

DCC social care practitioners can help with this, as can supportive family members and friends.

If you are paying for your own care (self-funding) it is important that you think about the type of help and support which is useful to you and clearly communicate this to the person providing your support. Having a written, agreed plan at the outset helps to clarify exactly what you can expect and how much time it will take.

If you receive a Direct Payment or Personal Health Budget from the local council or health authority to fund your support you need to refer to your ‘My Care and Support Plan’ or Personal Health Budget Agreement which sets out the purpose of the funding. You can then agree a ‘task list’ with your worker so they are clear about what you need them to do on a day to day basis, in line with what you have been assessed as requiring within your Care and Support Plan.

Yes, a PA or Microprovider may be able to help with personal care such as bathing and getting dressed but there are regulations concerning this activity. The individual providing any support should be aware of the legal position as to when they may or may not provide this.

Care Quality Commission (CQC) guidance and regulations specifies the circumstances as to when this may or may not be provided.

PAs and Microproviders should be able to provide information that reassure you that they are trustworthy, knowledgeable and working legally. As a minimum, anyone considering employing or engaging a PA or Microprovider should request to see evidence of things like:

• HMRC confirmation of registration as self-employed (if applicable)
• Public liability insurance if the worker is self-employed
• A current enhanced DBS check
• References
• Evidence of right to work in the UK (if applicable)
• Any relevant training and qualifications
• Contract template

A good Microprovider or PA will usually agree a plan of support with you and provide you with a copy of this.

We strongly recommend you check the credentials of the person you plan to receive support from, particularly if they are going to be providing you with any form of personal care.

Whether you are choosing to employ a carer or enabler or engage a self-employed person, we advise you check the employment history of the person.  This can be done by obtaining written or verbal references from past clients or employers. We encourage you to seek a minimum of two references.

Not usually but it is the responsibility of the person providing support to check the Care Quality Commission (CQC) guidance and regulations to ensure this is the case for their service. Most care agencies and care homes are regulated and inspected by CQC.

Microproviders or PAs should be able to evidence their  training, qualifications and experience but their skills may vary greatly. Like any other good provider, they should seek to maintain these or undertake new training as required. The person engaging or employing the Microprovider or PA should ask the person offering the service whether they have the skills and training needed and the credentials required.

Good care and support, whether in your own home or in the community requires a level or trust and confidence, especially if this involves close or intimate personal care. Relationships with carers are very important hence it is wise to discuss contingencies and possible absence with the person providing your support at an early stage.

There is no single solution to the absence of a regular paid carer but it is possible they may be able to introduce you another PA or Microprovider provided you feel comfortable with this arrangement. Willing and able family, friends or neighbours may also be options for cover to take place when or if they are unable to provide support. This should be part of conversation when setting up support.

Note: If the worker is self-employed they are not entitled to any payment for the period they are absent. See our specific information on employed PAs and sickness.

Yes. If required. This may also reduce the risk of being without support. If they are self-employed you will need to have a separate arrangement with each but they may for example cover different days or times of day to make up a full package of support. In addition they may be able to cover for each other’s absence.

If they are employed by you then you may find having a small team in place ensures you have capacity to cover all necessary hours needed and you can direct who works when.

Maintaining good records of the support provided is considered best practice in any social or healthcare setting. While there are no specific regulations on what or how much information should be recorded, doing so is recommended. Keeping thorough records can also support any future reviews and may be useful for other professionals, family, or friends involved in your care. You have control over who you share these records with, so it’s important to discuss this with the person providing your support.

If there are a number of PA or Microproviders involved in providing support it usually makes sense for details of support provided to be kept each time to ensure continuity and consistency of care.  Dates and times of support provided are useful as well.

Individuals whose care and support is paid for by the local authority are in receipt of public money (direct payments). As such the council are required to be accountable for ensuring this is spent on the support that was initially agreed with them and that meet your identified needs. Periodically this will be reviewed by Adult Social Care teams who are responsible for checking this is the case. Keeping good records will help with these reviews.

Not necessarily, but it might. There is guidance set out by HMRC which enables workers to check their own tax status via their check employment status for tax page on the GOV.UK website. This should help clarify this matter but this can be  a complex area and you may wish to seek further advice.

As independent contractors, Microproviders and PAs are able to set the rate they feel is fair for the services they supply.  Rates for self-employed carers or enablers tend to be higher as they do not receive the same benefits as employed workers.

If your direct payment is funded by another organisation, such as NHS Devon ICB, Plymouth City Council, or Torbay and South Devon NHS Foundation Trust, we recommend discussing rates of pay with your funding body to ensure it aligns with policy and funding considerations.

Employed PAs will be entitled to benefits that any regular UK employer would provide including the national minimum wage. Self-employed individuals will not receive benefits such as holiday pay, sickness pay, pension benefits and will also need to factor in their tax and national insurance costs.

If your PA or Microprovider takes you out in their car you will need to check they have the relevant insurance to carry you as a business passenger.  You will also need to agree a mileage rate for the trip to be paid to the worker.

If you receive a Direct Payment budget for your care, you will usually need to pay for mileage on a private basis, direct to your worker.

There may be support available if travel costs are involved in you accessing a service which constitutes part of your assessed needs by the local authority. More information can be found on our Adult Social Care website – How we will support you to travel to adult social care support and services.

• Seek support from a trusted family member or friend, or any professional involved in your care straight away.
• Speak with the Adult Safeguarding Team at Devon County Council via Care Direct on 0345 155 1007.
• If your budget is funded by Devon County Council – contact the Direct Payment Team via Care Direct on 0345 155 1007.
• If you feel threatened or that you have been a victim of a crime contact the Police on the 999 emergency line if you feel in immediate danger or 111 to report or discuss an incident.

Yes, if you receive a Direct Payment or a Personal Health Budget, Disability Focus can support you with managing your funds and making payments to your workers. If you employ someone, they can also offer a full payroll service, support you to register as an employer with HMRC, and support with a workplace pension.

Disability Focus do not arrange care and support for you – you remain responsible and in charge of finding your workers, supervising and directing them and organising your own day to day care arrangements.

If you fund your own care privately, your solicitor or accountant may be able to support you to manage your care costs or contact Disability Focus for more advice or information.

It’s important to know that continuing to receive support from your personal assistant is largely your choice. If the relationship is not working then you can take steps to change it.  The main issue is to communicate with your worker at the earliest opportunity.

Self-employed PAs or Microproviders  may have their own complaints procedure or policy that outlines how they will address such issues. In many cases, issues can be resolved informally but occasionally it may be necessary to terminate the arrangement, with a mutually agreed period of notice if possible.

Employed PAs  – if  a dispute or disagreement arises with your employed worker the first step to take is to be honest open and discuss it directly with them.  However, if this does not resolve the issue, or you have additional concerns, seek advice from your liability insurer about what to do next.

However, if your worker is employed by you, remember they do have employment rights and your insurer needs to be involved in any action you take. You can also contact ACAS for independent employment related advice and guidance  http://www.acas.org.uk.

A Microprovider or self-employed PA will often work for more than one client.

Self-employed workers do not have the same employment rights that an employed worker has. A Microprovider or self-employed PA is not entitled to any holiday pay, sick pay, redundancy or other employment related payment. These are all included in the hourly rate that they will charge for your care and support.

Self-employed carers and enablers will set the rate they charge per hour and explain the times they are able to work for their clients. They will invoice for work carried out after they have completed this. They declare their own income to HMRC.

They are able to check their own tax status with HMRC and, if confirmed as self-employed, register for self-assessment (submitting their own tax returns when required). Once they have registered they receive a Unique Tax Reference (UTR) number from HMRC. You may wish to check this. It is important to do so to ensure it is clear who has the responsibility of ensuring the worker’s tax is paid.

Self-employed workers are not paid through PAYE (Payroll)

Self-employed Microproviders or PAs must have their own public liability insurance – which they should show you, on request, before they commence working with you.

Microproviders or PAs can be self-employed for some work but also employed by another company or individual. This is often so they have a guaranteed income alongside their less-predictable self-employed work.

Generally we would advise that you ask for a written agreement from the person supporting you. This could be in the form of a contract / service agreement. This will usually cover things like:

• Rate of pay
• Invoicing and payment arrangements
• Hours to be provided
• Time off
• Cancellations
• Responsibilities
• Notice periods

It is helpful to have things written down if there are ever any disputes over what is being provided.

Not necessarily, but many PAs and Microproviders will provide you with one. This is good practice and  a well-presented contract should clarify their terms and conditions so you know what to expect as time progresses. As with any business, you may wish to negotiate some of these terms but once this is done you should have clarity over the way they operate.

As a minimum, contracts should specify things like rates of pay, insurance details, absence and sickness arrangements, notice periods, confidentiality. In addition, clarity over expenses, cancellation of support and responsibilities may be useful too.

If you are funded via the local authority and via a Direct Payment a contract will always be requested.

If your personal assistant is self-employed they will probably set an hourly rate for their services. It is important to check this before they start work for you and agree a rate you can afford from within your Personal Budget (Direct Payment) and/or using your own funds.

A self-employed person is likely to charge a rate that enables them to cover costs such as their own insurance, travel time, holiday periods, potential sickness days, pension and ongoing training to ensure their knowledge and skills are maintained.

If your worker is self-employed they should supply a clear invoice to you for payment.  This should include their name, address, contact telephone number and where payment should be made. The invoice should state the dates services were supplied, how the total has been calculated (i.e. number of hours multiplied by agreed hourly rate) and the total payment due.

Self-employed workers should retain their own records as detailed by HMRC.

Self-employed workers should have their own public liability insurance that covers them in the event of a claim made by you or others against them.

However, we do recommend you take out employers’ liability insurance specifically for carers or personal assistants to ensure all parties are covered for accident, injury or loss and to protect you from personal liability should your worker feel they have suffered a loss or been unfairly treated. This is not mandatory but advisable.

When carefully planned and organised, employing someone to support you can mean you are able to build a strong, longer-term professional relationship with them and create your own tailor-made package of care. This is different to a regulated care agency who may need to change staff regularly.

Of course, when employing a personal assistant, you’ll need to ensure you abide by UK employment legislation. Your PA will have employment rights, and you’ll have employment responsibilities. This means the employed PA is entitled to any holiday pay, sick pay, pension, redundancy or other employment related payments. More detailed information about this can be found on this website – Recruiting a PA.

Each of the sections below answer questions around employment issues and although it can sound complex, support is available at each stage to help you do this if it’s right for you.

A payroll service ensures that ‘employed’ PAs are not just paid but all their tax and NI deductions are calculated accurately.

There are many private companies and accountants who can supply payroll support for individuals and small businesses.  It is recommended that you shop around as costs vary greatly.

Disability Focus are based in Devon and offer a payroll service and can offer further advice and support. Please visit their website or speak with them directly. Devon County Council can assist with signposting and advice if you wish to seek payroll services.

If you receive a Direct Payment or Personal Health Budget for your care, the cost of Payroll can be covered in your budget. It is your responsibility to contact the payroll provider and complete the forms with your employee. You will need to tell the payroll provider how much per hour you have agreed to pay each member of staff, and how many hours a week they work.

Your employee should complete time sheets which clearly outline the days and times they completed work for you and share this information with your payroll provider every 4 weeks. Your payroll provider should be able to provide sample time sheets for your use.

Your payroll provider will work out how much Holiday, National Insurance and Tax contributions to pay and post you the pay slips. If the PA is eligible they will also work out the required payments for the PA’s pension.  You are responsible for making the required payments to your PA and HMRC from either your Devon Card account, or from your personal funds if you are paying privately for your care. You can elect to take responsibility for making the payments required or alternatively your payroll provider will be able to do this for you.

Please bear in mind that if you receive your Direct Payment in the form of an individual budget from Devon County Council, this contribution will be a fixed amount based on your assessed needs. It is important to check this figure before anyone begins work for you to ensure you can afford this from your individual budget or using your own funds.

The rate paid by Devon County Council includes allowances to cover holiday pay, employers and employee’s National Insurance contributions and pension contributions where required, It will also include an allowance for sickness pay. You are therefore advised to retain a surplus in your Direct Payment account to ensure that such payments can be made, should your employee become unable to work through illness. The hourly rate doesn’t include pension contributions these are added as an additional payment if required.

If you choose to pay them less than this, any surplus in your Direct Payment account will be recouped by Devon County Council. Furthermore, if you pay the PA less than the rate set by Devon County Council, you risk paying them at a rate that is less than the National Minimum Wage. A failure to pay at an average rate that is at or above the National Minimum Wage is unlawful and you run the risk of having a claim made against you by your employee.

Rates for the National Living Wage and the National Minimum Wage which change every April. The up to date rates can be found here on the GOV.UK website – National Minimum Wage and National Living Wage rates.

If you receive a Direct Payment from Devon County Council, you will have been given a ‘My Care and Support Plan’ and a ‘Direct Payment Agreement’, both of which will state the amount that Devon County Council is willing to pay toward your support.

If you are in doubt about setting a rate you can contact the local authority adult social care worker involved who will signpost you to further advice.

If you are employing a PA directly (and not using a separate payroll service), it is your legal responsibility as the employer to ensure that HMRC regulations are met and any income declared.  If individuals and their employers have not paid tax or contributions correctly they may lose entitlement to benefits and may be liable to pay penalties if their employment status is wrong.

Whether you pay your PA privately or via a Personal Budget or Direct Payment, it is important to check that your worker is registered with HMRC and is declaring their income or arrange a payroll service for them. Remember, support is available. See the section on payroll services.

Keeping records of employment is important. HMRC provide guidance on keeping records.

Yes, you should complete a contract of employment with your worker which sets out the times and days they are due to work for you, their rate of pay and their legal entitlements such as Annual Leave, Sick Pay etc. Failure to offer an employee at least a Statement of Particulars of Employment (a very basic form of contract setting out the terms upon which the person is employed) is a breach of section 1 of the Employment Rights Act 1996, something for which you would be liable were your employee to make a claim against you.

For more information regarding employment contracts please visit the Skills for Care Information Hub.

Yes. If you directly employ your PA you are legally obliged to have employers’ liability insurance in place and you must obtain this as soon as you become an employer. Employers’ liability insurance will help you pay compensation if an employee is injured or becomes ill because of the work they do for you.

This type of insurance will often also give you access to an employment advisor for basic help and advice free of charge, but you should ensure the cover itself offers you legal protection should there be an employment dispute. Many insurance companies can offer this cover. If your care is funded by Devon County Council Direct Payments or you receive a Personal Health Budget, the cost of the required insurance is usually covered within your budget.

Yes, If you directly employ your personal assistant you will need to consider a workplace pension.

Your payroll company can support you with everything you need to do regarding setting up a pension for your personal assistant if they are or become eligible.

You must enrol and make an employer’s contribution for all staff who:

• are aged between 22 and the State Pension age
• earn at least £10,000 a year
• work in the UK

You can find out more information on the GOV.UK website – https://www.gov.uk/workplace-pensions-employers, speak with your payroll provider who should be able to support you through this process or your Independent Living Advisor. Your Personal Budget should include an element for pension liabilities.

The maximum hours anyone should legally be asked to work is directed by the Working Time Regulations (WTR).

The daily and weekly rest break elements of the WTRs still apply as listed below;

• 20 min rest break after 6 hours work
• 11 hour rest break between the end of the first shift and start of the next
• A full 24 hour rest break per 7 day reference period (or 48 hour rest break per 14 day reference period)

Find out more about the working time directive.

Your employee should be paid an average of the National Minimum Wage for all hours worked, including times they spend asleep but available to attend to your needs as and when they arise.

If your worker is employed by you they will need to let you know the nature of their illness and how long they are likely to be away.  They will need to see their GP if they are unable to return after one week. They are entitled to Statutory Sick Pay during this period, on receipt of a fit note from their GP.  Your payroll provider can offer you further advice regarding this or visit .

It is advisable to that you carry out a brief return to work meeting with your employee following a period of absence to ensure they are fit for work. For more information visit Skills for Care – Before your PA starts.

Your employee may be entitled to Statutory Maternity or Paternity Allowance – speak with your payroll provider or visit https://www.gov.uk/employers-maternity-pay-leave. For more information visit Skills for Care – Before your PA starts.

Your direct payment is calculated to address such matters and it is therefore advisable to keep a surplus in your Direct Payment account should you be required to pay maternity or sickness pay whilst also continuing to employ an alternative person to carry out your care.

Many personal assistants come into this area of work from other related jobs in the care industry. It is important to check what qualifications, training or experience they already have when deciding to use their services. It is your decision to make if you feel the worker has the right skills to support you.

Your worker may need some refresher training for a new care task that requires new skills.

If you have a professional therapist or a community nursing team involved they may be able to offer guidance or advice about specific care tasks.

Take a look at the NHS and Devon County Council PA training page.

If your workers are employed by you, there may be funding available via a Skills for Care Grant.

There are also various private training agencies who will work with you and your workers to draw up a training plan and apply for funding, many of these advertise online.

Yes. If the family member doesn’t live at the same address as the cared for person then it is acceptable to employ a family member, however they do live at the same address then it does need to be agreed by the care manager and is generally only granted in exceptional circumstances.

When any family member is paid to provide care services your Independent Living Advisor will speak with you about the best way to manage your budget, this may include the budget and payments being managed by a third party, such as Disability Focus.