Questions we get asked a lot!
Here is a round up of questions we get asked quite often. We hope you find them useful!
What is a Managed Bank Account?
A managed bank account service is a private contractual arrangement between the person to whom the budget is paid and the managed bank account provider. A managed bank account service provides support with the paperwork and the financial administration, as instructed by the person receiving the budget. The person receiving the budget remains accountable for all legal and contractual obligations. The person to whom the budget is paid remains accountable for how the money is spent.
Can I employ a family member?
Yes. You can employ a family member as long as they do not live in the same house as you. If you think your circumstances are exceptional please talk to us or social services first
What do I do if I’m unhappy with my personal assistant?
If you are unhappy with your Personal Assistant it is really important that you seek advice before taking any action. You will have legal contractual obligations to your employee. You can contact Salvere Independent Living who will advise what steps you should take. This may involve a call to your employers’ liability insurer. You should always buy the higher level of insurance so that you have indemnified employment law advice and support from qualified consultants. Any actions taken without a call to your insurer could render your cover invalid.
What do I do if my employee becomes pregnant?
If your employee becomes pregnant they should notify you of this as soon as possible. You should meet with them to determine if they are still able to carry out all the tasks associated with the job. You can contact your insurance company who will help you to risk assess the pregnancy and look at making any reasonable adjustments that may or may not be necessary. Nearer to your employee commencing maternity leave they should provide you with a MATB1 form, from the midwife. This confirms the date of confinement. You will then send this to your payroll agent who will support you in paying statutory Maternity pay to your employee if they qualify. This will depend on what they have earned from you. If your employee does not qualify for statutory maternity pay then they can claim something called maternity allowance using an MA1 form. You will not pay maternity pay from your budget. You can get more information at https://www.gov.uk/maternity-pay-leave
Are Casual Employees entitled to Holiday pay?
Yes. People who work casually or irregular hours are entitled to paid holiday. Where the work is casual and the hours changeable, this is calculated as an average of the actual hours worked to a period of time. You can get support to calculate this from Salvere Independent Living or go to https://www.gov.uk/calculate-your-holiday-entitlement.
The person receiving support has passed away. What is the personal assistant entitled to be paid?
Following the death of the person receiving support, the Personal Assistant will be entitled to any outstanding holiday pay accrued and it may be that redundancy is applicable if they have worked for long enough. If the person receiving the support (now deceased) was the employer then the contract becomes legally ‘frustrated’ and the PA is not entitled to notice pay. The PA’s entitlement to pay in these circumstances should be detailed within the contract of employment.
What should I pay my personal assistant if I go into hospital?
If you go into hospital for a prolonged period it may be that you need to ‘lay off’ your employee and, in that case, they would be entitled to statutory guarantee pay. One of our Advisors will be able to talk you through this process further.
What is Notice Pay?
Notice pay is applicable when employment ceases. Once an employee resigns or is given notice by their employer, the employer can ask that they leave immediately. In this case, the employer should offer a one-off payment instead of allowing the employee to work out the notice period – called ‘payment in lieu’.
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