If you think you would find managing your own workers difficult, you can decide to use your Direct Payments to pay a care agency as an alternative.

There are advantages to using this system:

• All the services will be arranged for you.
• You can specify the times when you need assistance and what assistance you want.
• In case of sickness or annual leave by your regular PA, cover will be provided by the agency.

There are disadvantages as well:

• You may find that this system gives you less control over the service you receive.
• It might not give you the freedom you want.
• You may not always get the same person
• It will cost most of the direct payment or possibly more.

You might consider using an agency to provide support when your regular personal assistant is unavailable to provide short-term cover. Also, you might find that your needs are best served using a combination of services (and this is allowed). If you decide to use an agency, make enquiries to get the best service and value for the support you require. Discuss your needs with the agency to ensure that they provide appropriate support at the right times for you.

As part of the government's initiative to improve overall Care Standards, all agencies must be registered with the appropriate Care Standards Authority and will be expected to work to a minimum set of national standards. Once registered, an Agency is not allowed to charge VAT on its invoice to you.

A list of registered agencies local to your area can be found by accessing the relevant Care Standards authority website (England - www.cqc.org.uk, Wales - www.csiw.wales.gov.uk ).

Please note:

Many Care Agencies employ their own staff and are therefore responsible for all aspects of their staff's pay and employment. In these situations, the Agency will send you regular invoices to pay for the support that they have provided.

However, some Agencies have set themselves up as an ‘Introduction Agency' and will charge you an ‘introduction fee' for providing you with one or more carers. The carers they provide may well class themselves as self-employed, in which case you will also have to pay the carer yourself, rather than the Agency.

You should always discuss with the Agency where their responsibilities lie and what the employment status of their workers is. You should always insist on a written contract for services from the Agency.

It is important to recognise that HM Revenue & Customs has designed a set of rules to determine whether someone is working as an employee or is self-employed. Please see Factsheet 19 for further important information about employment status and associated tax liabilities.

Version 4.0

Version Date: November 2009

The Rowan Organisation - Supporting Independence Through Choice