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Can you pay a family member to provide your care?

Short answer

Sometimes. Council direct payments generally cannot be used to pay a close family member who lives with you, though councils have discretion in exceptional circumstances. A relative who lives elsewhere can usually be employed as your personal assistant, and friends can be too — subject to the council agreeing it meets your assessed needs.

If the council has assessed you as eligible for care and support, you can ask for your personal budget as a direct payment — cash paid to you so you arrange your own care instead of receiving services the council commissions. Whether that money can go to family depends on where they live.

The family rules

  • Close family living with you: direct payments generally cannot be used to pay them. Councils have discretion to allow it in exceptional circumstances — for example, where no other appropriate care is available — but that is the exception, not the rule.
  • Family who live elsewhere: a relative who does not live with you can usually be employed as your personal assistant (PA) in the normal way.
  • Friends: generally yes — a friend can be employed as your PA like anyone else, provided the council agrees the arrangement meets your assessed needs and is cost-effective.

What employing your own carer involves

Paying someone through a direct payment makes you an employer, with real responsibilities: a written contract, at least the National Minimum Wage, payroll and National Insurance, and paid holiday. You do not have to work this out alone — your local direct payment support service provides model contracts, payroll help, and DBS-checking guidance free of charge.

Direct payments are entirely optional. If you would rather the council arranged services, you can ask for commissioned care instead, and you can switch between the two if your circumstances change. If the person needing care lacks capacity to manage the money, a suitable person — a family member or professional deputy — can receive and manage the payments on their behalf, provided the council is satisfied the arrangement is in their best interests.

One thing a direct payment is not: a wage for informal caring. If you are the carer rather than the person needing care, look separately at a carer's assessment and carer support in your own right.

Read the full guide: Direct Payments for CareCovers eligibility, the process, deadlines, and next steps in depth.

Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.