Can I be in receipt of DP’s for organising my sons large care package?

Prisca Sungwa Answered question October 13, 2023

The care package is made up of two to one carers fifteen hours a day seven days a week. I only allow carers to do a maximum of three shifts a week. He also receives money for therapies, tutoring, exercise plus an activity budget all paid via DP’s. I have had to give up work to manage and support the carers when they are out in the community it a full time job but I have to claim Universal credit at present. This all started when he was excluded for his educational provision over seven years ago, and I think I should be rewarded for what I do. I look forward to your suggestion as I have only just been informed of your existence.

Hi David

You absolutely can be paid for the admin of the role. A lot of councils don’t like it – but here is the government guidance to quote to them. The guidance uses someone called David also, just so this doesn’t cause confusion!


Using the direct payment

Paying family members

12.35 The direct payment is designed to be used flexibly and innovatively and there should be no unreasonable restriction placed on the use of the payment, as long as it is being used to meet eligible care and support needs.

Example: Direct Payment to pay a family member for administration support
David has been using direct payments to meet his needs for some time, and has used private agencies to provide payroll and administration support, funded by a one-off annual payment as part of his personal budget allocation. David’s wife, Gill provides care for him and is increasingly becoming more hands-on in arranging multiple PAs to visit and other administrative tasks as David’s care needs have begun to fluctuate.

They jointly approach the local authority to request that Gill undertake the administration support instead of the agency as they want to take complete control of the payment and care arrangements so that they can best meet David’s fluctuating needs and ensure that appropriate care is organized.

The local authority considers that Gill would be able to manage this aspect of the payment, and jointly revises the care plan to detail the aspects of the payment, and what services Gill will undertake to the agreement of all concerned. The personal budget is also revised accordingly.

The family now has complete control of the payment, Gill is reimbursed for her time in supporting David with his direct payment and the local authority is able to make a saving in the one-off support allocation as there are no provider overheads to pay. In promoting David’s wellbeing, the local authority has demonstrated regard for the balance between promoting an individual’s wellbeing and that of people who are involved in caring for them. It has given Gill increased control in a way that David is comfortable with and supports.

It’s also possible to be paid as a PA although this is slightly tricker. Here is the guidance on this:

12.36 The 2009 Direct Payment Regulations excluded the payment from being used to pay for care from a close family member living in the same household, except where the local authority determined this to be necessary. [footnote 52] While the Care and Support (Direct Payments) Regulations 2014 maintain this provision regarding paying a family member living in the same household for care, it provides a distinction between ‘care’ and ‘administration/management’ of the direct payment. This allows people to pay a close family member living in the same household to provide management and/or administrative support to the direct payment holder in cases where the local authority determines this to be necessary. This is intended to reflect the fact that in some cases, especially where there are multiple complex needs, the direct payment amount may be substantial.

Thanks so much for your question.

ILG Community Committee