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Contents

• Corrections
• Direct payments user's £35,000 tax demand
• Staffordshire's successful open day
• The Disabled Photographers Society
• The National Theatre - Touch Tours
• Warm Front Grant
• Voice UK, workshops
• Reader writes
• Membership of the Rowan Organisation

Note from the editorial team...

Welcome to this Winter edition of our Directions Newsletter.

We hope that you had a good Autumn and have made plans to have an enjoyable Christmas.

In this issue you will find out about making the most of your time at the theatre, finding out if you are eligible for a grant to keep warm this winter, Staffordshire's successful open day, the Disabled Photographers Society and workshops to help keep you safe.

Our focus in legislation this edition relates to the DP user who has received a £35,000 tax demand for employer's tax and N.I in respect of her full time carers.
We hope you find this edition of the Newsletter interesting. If however, you do not wish to receive a copy in future, please contact the Information Service on 0845 608 8048 or Head Office on 0800 783 1755.

Corrections

As far as we are aware there were no corrections to be made to the last issue of Directions. If any of our readers did spot an error, please do not hesitate to inform us. Contact details appear on page 1 and on the back cover.

Direct Payments User's £35,000 tax demand

Last month Mrs. R, a disabled grandmother received a tax bill for £35,000 for unpaid employers' tax and national insurance in respect of her full-time carers.

This Direct Payments user had made all her carers self-employed in 2003 and they had agreed to pay their own tax and national insurance. However, Her Majesty's Revenue and Customs (HMRC) does not accept that the arrangement was lawful and is pursuing her for unpaid tax.

The Rowan Organisation has always made our Direct Payments users aware of the issues relating to the use of self-employed personal assistants and in situations where the employment status of a PA is unclear, we do recommend that you seek a formal written ruling from your local HMRC Status Inspector or seek professional legal advice.

The following article relating to the above case has been written by Holiday Whitehead, who is a qualified Barrister, and it appears on the Benefits and Work website (www.benefitsandwork.co.uk). Holiday has kindly given permission for us to reproduce the article in its entirety for our newsletter.

Holiday writes:

"I do have a great deal of sympathy with Mrs. R and the predicament she finds herself in. Unfortunately this is only one of many potential difficulties disabled people engaging their own carers may encounter and is an example of the many imperfections of the Direct Payments system.

I appreciate that for many disabled people, employing their own staff is empowering and gives them far more certainty and control about the care provided, but Mrs. R's case is by no means untypical of the type of pitfalls that open up for a disabled person in this position.

What many people do not seem to fully understand, or more importantly, are not adequately advised about, is that in engaging their own carers in their own home, to provide personal services to them at set times for a set wage, they will almost certainly create an employment relationship. As employers, disabled people are subject to the same statutory regulations related to tax, national insurance, health and safety and employment rights as any other employer in the UK. There is no small employer exemption or special rules that they can claim protection under.

Unfortunately, what Mrs. R seems to be unaware of is that employment status for tax and employment law purposes is subject to clear legal principles laid down in case law that are used to decide the status of workers.

HMRC issue information in leaflet form and on their website detailing how to identify whether a worker is employed or self-employed. If one refers to this information, and particularly the list of questions about how the worker carries out the work, it seems quite certain that Mrs. R's carers would be treated as employed for tax purposes.

This is because of the close personal nature of the services they provided, the fact that they worked in her home, took instructions from her with regard to the way they delivered the services and were expected to provide the services in person and at regular times.

Similarly, under employment law the test of employment status looks at, among other things: the nature of service provided; whether they are expected to carry out those duties regularly in person; where those duties are performed; what equipment is used and who it is provided by; whether they are paid a set wage at regular intervals and whether there is a right to terminate the service giving a specified length of notice.

Again, if this test is applied, it does seem very likely that the carers would be treated as employees for employment law purposes and therefore Mrs. R would be an employer.

I am interested to note that the details reported of this case state that Mrs. R claimed she "made all her carers self-employed" in 2003. This suggests that Mrs. R may have originally employed her carers and then attempted to change their employment status. It appears, however, that she may not have obtained professional advice about this important and complex step.

I do find it difficult to envisage a situation in which a personal carer with whom a disabled person has an ongoing relationship and dependency, who is working in their own home and not provided by the local authority or an agency, could ever legally be considered as self-employed.

If you are contemplating what I consider to be the legally-complex responsibility of following the direct payment route to funding personal care or you are considering changing the employment status of your carers from employed to self-employed, think very hard indeed about the implications of that decision and please, please, get legitimate professional advice.

By legitimate and professional, I do not mean the social services department of your local authority.

As I stated above, this type of problem is only one of a variety of potentially serious issues that can arise for disabled people engaging carers themselves. Indeed, I have been involved in my professional capacity in a number of cases that have resulted in Employment Tribunal (ET) applications against disabled employers.

In one such case, the disabled person had moved into full-time residential care and his carers had applied to an ET on the grounds that they had not received their full redundancy entitlement. What was particularly disturbing in this case was that both the disabled person and the carers failed to understand who the employer actually was. The disabled person thought that the local authority was still the employer; the carers thought that either the disabled person, the local authority or the organisation providing payroll services and paying their wages might be their employers. As a result, all three were named on the ET application.

As for Mrs R, I do wish her well. If she did get advice from her local authority social services department or another agency about changing the employment status of her carers, she may wish to consider the legal accuracy of that advice and the legal liability of those providing it."

Source:

Benefits and Work website

www.benefitsandwork.co.uk

Holiday Whitehead, www.holidaywhitehead.co.uk

Staffordshire's Successful Open Day

The Rowan Organisations Celebration event which was held on 25th September was a success and we have received some really good feedback from the stall holders and the Local Authority.

Thanks to Jackie and Val for their presentations about the support they had received from the local Independent Living Advisors and their experiences of using the Rowan Organisation.

We are planning to hold surgeries in different areas across Staffordshire in the New Year.

The Disabled Photographers Society

Who are they?

The DPS was founded in 1968. It is a Registered National Charity and now has members all over the UK.

Most of the DPS committee themselves have a physical disability so understand the challenges faced by disabled photographers.

What do they do?

The DPS gives support and advice on equipment modifications, technical support, loan out equipment to members, have regular themed photo competitions, have an annual photographic holiday and much more.

What's their aim?

Their aim is to promote photography for disabled people, or their carers, or groups or anyone with an interest in helping disabled people.

Contact details:

Address: The Disabled Photographers' Society, PO Box 85 Longfield, Kent, DA3 9BA.
Web: www.disabledphotographers.co.uk

The National Theatre-Touch Tours

It's time to get yourself to the theatre and experience a more in-depth sensation. By attending an assisted production which is an audio described performance* you can, before the show participate in a touch tour. On touch tours with the National Theatre, members of the cast are present to accompany blind and visually-impaired theatre goers. While the set, costumes and props are explored by touch, the cast will describe and bring them to life. The whole experience is aimed to be a friendly and informal affair, and at the National Theatre guide dogs are warmly welcomed.

*Audio description
Audio description is a live commentary, given by trained describers which is interspersed with the actors' stage dialogue. It is relayed via a discreet headset linked to the theatre's infra-red audio system.

Commentaries usually begin 15 minutes before curtain up with a short "programme notes" description setting the scene and capturing the atmosphere, costumes, characters and action before the performance begins.

The National Theatre last year put on 100 assisted productions including audio-described and captioned performances.
Below are some of the up and coming performances at the National Theatre, this season:

Audio-Described

The Power of Yes on Saturday 9 January 2010 at 2.15pm. Touch tour at 12.45 pm.

The Habit of Art is described on Friday 22 January at 7.30pm.

The Habit of Art on Saturday 23 January at 2.15pm. touch tour at 12.45pm.

Pains of Youth on Friday 15 January at 7.30pm.

Pains of Youth on Saturday 16

Every Good Boy Deserves Favour is described on Friday 5 February at 7pm.

Every Good Boy Deserves Favour on Saturday 6 February at 3pm. Touch tour at 1.30pm.

War Horse at the New London Theatre on Saturday 31 October at 2.30pm. Touch tour at 12.45pm.

Captioned

The Power of Yes on Monday 14 December at 7.30pm.

Nation on Tuesday 5 January at 7.30pm.

Nation on Saturday 20 February at 2pm.

The Habit of Art on Wednesday 13 January at 7.30pm.

Pains of Youth on Tuesday 19 January at 7.30pm.

War Horse at the New London Theatre, on Saturday 12 December at 2.30pm.
For more information visit www.warhorselondon.com

The National Theatre, London, is not the only theatre in the UK to offer such an experience. Contact your local theatre to see if they can give you more information. about other productions closer to home.

National Theatre Box Office:
020 7452 3000 (9.30am to 8.00pm, Monday to Saturday).
Fax: 020 7452 3030, group bookings 020 7452 3010
Information desk: 020 7452 3400 (9.30am to 10.45pm, Monday to Saturday), email info@nationaltheatre.org.uk

Warm Front Grant
A Government funded initiative

"Don't be left in the cold this winter. You may be eligible for a Warm Front Grant".

Make your home warmer, healthier and more energy efficient. The warm front scheme provides a package of insulation and heating improvements up to the value of £3,500. Some of the things to expect from warm front are loft insulation, draught proofing, cavity wall insulation, hot-water-tank insulation and gas, electric or oil central heating.

The process from start to finish would be as follows:

1. Qualification. Apply and see if you are eligible.
2. Assessment. Your home is assessed to see what improvements are needed.
3. Installation. The work is carried out.
4. Quality check. The work is inspected.

Applicants meeting the following criteria may be eligible for the Warm Front Scheme.

Householders aged 60 or over in receipt of one or more of the following benefits:

• Income Support
• Council Tax Benefit
• Housing Benefit
• Job Seekers Allowance (income-based)
• Pension Credit
• Income-related Employment and Support Allowance

2. Householders with a child under 16, or pregnant women with maternity certificate MAT-B1, in receipt of one or more of the following benefits:

• Income Support
• Housing Benefit
• Council Tax Benefit
• Job Seekers Allowance (income-based)
• Pension Credit
• Income-related Employment and Support Allowance.

3. Householders in receipt of one or more of the following benefits:

• Working Tax Credit (with an income of less than £16,040, which must include a disability element)
• Disability Living Allowance
• Child Tax Credit (with an income of less than £16,040)
• Housing Benefit (which must include a disability premium)
• Income Support (which must include a disability premium)
• Council Tax Benefit (which must include a disability premium)
• War Disablement Pension (which must Include a mobility supplement or Constant Attendance Allowance)
• Industrial Injuries Disablement Benefit (which must include Constant Attendance Allowance)
• Attendance Allowance.

Even if you rent your home from a private landlord you may still be eligible for the grant.

If you have previously received a warm front grant, you can re-apply for further measures such as top-ups to your loft insulation, heating repairs and boiler replacements.

The warm front grants are available in England only. In Wales a similar scheme exists called the Home Energy Efficiency Scheme (HEES) Wales. You can find all the information by visiting the website: www.heeswales.co.uk or by calling 0800 316 28 15

In England you can apply for the warm front grant at www.warmfront.co.uk or by calling 0800 316 28 05

Voice UK workshops

Voice UK is a national charity which provides support to vulnerable people who have experienced abuse, have been victims of crime or who may be at risk of being mal treated. They also support parents, carers and professionals.

Voice UK will be:

• Delivering "Keeping Safe" workshops to vulnerable people.
• Establishing local self help groups for vulnerable victims of crime.
• Researching and collecting data on the incidence rates of bullying and abuse of disabled people.

Voice UK will be running two workshops:

Workshop 1

This workshop aims to inform people how they can go about their daily lives safely, from staying at home, to going to the post office, to identifying people who are there to help.

Topics covered:

• Safety in the home
• Using public transport
• Looking after your money
• Getting help from the police

Workshop 2

This workshop aims to inform participants how to recognise the different ways in which people can be bullied or abused and what to do if you are, or have been a victim.

Topics covered:

• Recognising abuse and bullying
• Protecting yourself from abuse and bullying

If you are interested in attending the workshops or want any further information contact your Regional Coordinator or visit the website:

www.voiceuk.org.uk

Regional Coordinators: West Midlands Region - Wolverhampton, Walsall, West Bromwich, Dudley, Birmingham, Solihull, Coventry, Worcestershire, Warwickshire, Staffordshire, Herefordshire, Shropshire.- Jane Kirby - 07879 555456 / janek@voiceuk.org.uk

Wales - Jane Kirby - 07879 555456 / janek@voiceuk.org.uk

Greater Manchester - James Gibbs - 07879 555457 / james@voiceuk.org.uk

Devon and Cornwall - Tina Feather: 07879 555458 / tina@voiceuk.org.uk

Derbyshire and further north - Lizz Fields Pattinson: 01332 291042 / lizz@voiceuk.org.uk

Reader Writes

My name is Dennis. I have been receiving Direct Payments for just over a year; initially it was to recruit a carer to assist me with my everyday life.

I decided to employ my granddaughter as my PA, as she was assisting me with most things anyway; helping me with personal care, doing the household chores and cooking meals, doing my shopping and helping me when I went into town, so I thought I might as well make it a proper job for her.

My adviser from the Rowan explained they had a payroll service, so I wouldn't have to worry about working things out for the Inland Revenue, and they also supported me with getting insured as an employer and the monitoring requirements for social services. It was working really well, and I had a review of my care package, and I was offered some additional financial support, instead of a day care each week. I am permitted to use this for support to do things socially and it has opened up a whole new world of things for me to do.

I have recently, along with my PA attended shows and events at the Civic Hall, gone on day trips and even attended a family function and caught up with a lot of old friends. These are the sort of things I have found very difficult to do in the past, as I didn't have the support to go along to social events, particularly in the evenings.

Without receiving the funding, I probably wouldn't have been able to do any of these things, or create a job for my granddaughter, so I would like to encourage other people to try using direct payments and want to say, long may it continue!

Membership of the Rowan Organisation

The Rowan Organisation is a registered charity and not for profit organisation. It is a user-led
organisation and the majority of Board members are disabled people, as are a number of our operational staff.

Membership of the Rowan Organisation is open to all service users and it's free!
Ordinary members receive a summary of the quarterly Board meetings, are entitled to attend and vote at the AGM and also have the chance to become a Board Member themselves.
Board membership offers an exciting opportunity to travel and meet up with others. Service user
members who are elected on to the Board, influence the management and direction of the organisation. Board membership offers a mix of business and social elements and all reasonable travel, accommodation and other expenses are paid for by the Rowan Organisation.

If you are interested in applying for ordinary
membership, with the chance of becoming a Board member, please contact the Rowan Organisation at Head Office (details on the back cover) or complete and return the application form on the back page. The following further information may help you to decide to become a member:

Mission Statement

"The Rowan Organisation exists to provide disabled people with access to information and support in order that they can make informed choices and be in control of their lives".

Vision Statement

"A society that is fully inclusive in which the barriers, whether environmental, attitudinal or institutional, that prevent disabled people from having equality of opportunity have been removed." In providing services we advocate the following principles:

• Services offered should support disabled people to have increased choices, independence and control of their lives.
• Support provided should be based on and directed by the aims, objectives and needs identified by each disabled person.
• The same range of opportunities and facilities should be available to disabled people as are available to others.
• Disabled people should not be excluded, segregated or discriminated against because of their impairment.

______________________________________

That is the end of this Newsletter