FAQs

A list of ways you can find a PA is given on the ‘Find a PA’ page of this website.  

In particular, we recommend that you use the SILC Support Finder service at www.supportfinder.org.uk. This service is free to people who receive a direct payment or personal health budget. All you need to do is contact us to get your free membership voucher code for the site. 

You can also use Support Finder to find traders who offer services that might be useful to you, such as window cleaners, gardeners etc. 

Your support plan should state what hourly rate of pay has been agreed in your package of care. 

You must pay at least the National Living/Minimum Wage per hour before tax. You can find the current rates at: National Minimum Wage and National Living Wage rates - GOV.UK (www.gov.uk) 

Yes, you need to have a payroll (PAYE) scheme in place. Most people use a payroll service to run this for them. If you have a direct payment or personal health budget, the cost of using a payroll service should be included in your allocated budget. SILC can provide you with details of companies which run suitable payroll services and support you to register with them. 

The payroll service will calculate the amount of tax and National Insurance deductable from your PA’s wages and provide a pay slip for you to give to your employees as is legally required. They will also calculate any pension contributions, Statutory Sick Pay, etc. 

Alternatively, you can operate your own payroll by contacting HMRC. 

All employees are entitled to 5.6 weeks (to a maximum of 28 days) of paid annual leave a year. You’ll need to inform your payroll provider when your PA takes annual leave so this can be included in their payslip. 

Your PA may be entitled to Statutory Sick Pay if they meet the qualifying criteria and your payroll service will be able to advise you on this. You can find information about Statutory Sick Pay at: Statutory Sick Pay (SSP) - GOV.UK (www.gov.uk). 

If you decide to employ a PA, you’ll need to plan ahead and think about what you’ll do if your PA is unavailable to work. You may employ several PAs who can cover for each other or you may use a care agency to provide cover.

The funding authority for your package of care (Surrey County Council for direct payments or Surrey Heartlands CCG for personal health budgets) have a duty of care to you and you can contact them if you’re unable to arrange alternative support. 

Your PA may be entitled to Statutory Maternity Pay if she meets the qualifying criteria and your payroll service will be able to advise you on this. You can find information about Statutory Maternity Leave and Pay at: Maternity pay and leave: Eligibility - GOV.UK (www.gov.uk). 

You must ensure that anyone you employ is legally entitled to work in the United Kingdom. When you offer someone a job, you must ask for proof that they have the right to work in the UK. You should ask to see relevant documentation and keep copies of it.

Since 01/07/21, EEA and Swiss citizens cannot use their passports or national identity cards to prove they have a right to work in the UK. The majority of EEA and Swiss citizens will need to prove their right to work using the Home Office online right to work service at Prove your right to work to an employer - GOV.UK (www.gov.uk).The EEA includes the EU countries and also Iceland, Liechtenstein and Norway. Irish citizens have unrestricted access to work in the UK.  

Yes, you should provide your PA with a contract (a statement of terms and conditions) on their first day of employment. SILC has draft contracts and related documents (job description, disciplinary code and privacy notice) which we can support you to adapt and use with your PA. 

You’ll need to take out Employer’s Liability insurance. If you have a direct payment or personal health budget, the cost of appropriate insurance should be included in your allocated budget. SILC can provide you with details of companies which offer suitable insurance policies. 

If the PA will be working with an adult (over 18) and there are no children in the workplace, a DBS check isn’t required, though it’s strongly recommended. If the PA will be working with someone who’s under 18, they will need to be DBS checked before they work unsupervised.  

SILC can carry out DBS checks for PAs. If the PA already has an enhanced Surrey DBS check which is less than a year old (or less than three years old if they work in a Surrey school), they can start work pending a new check but we would advise that you see their disclosure certificate and we also need to see it so we can confirm it’s suitable. If the PA has a DBS check which is registered with the update service they won’t need another check done but we would need a copy of the certificate so we can check it on the DBS system.  

There’s no specific training that all PAs have to have but you may find it useful for your PAs to have professional training. SILC offers training for PAs and employers and you can find details on the training page of this website.

You have all the legal obligations of any employer, except that you are not strictly bound by the Health and Safety at Work Act when employing someone in your own home. However, you remain bound by a general duty of care and should ensure that the PA works safely and take reasonable steps to reduce risk in any activity where risk has been identified. 

Mileage is usually paid at 45p per mile for journeys made during the course of the working day (not the PA’s journey to and from work). The PA should keep a log showing the date, number of miles and where each journey was from/to and provide it to you. 

If your package of care doesn’t include an amount for PA mileage, you’d be expected to cover this from your own money. 

This is possible but unusual, as there are certain criteria someone has to meet to be classed as self-employed. A self-employed person runs a business on their own account and is responsible for the service they provide. They often provide support for more than one client. Self-employed status is job specific e.g. someone could be self-employed as a plumber but it wouldn’t then necessarily follow that they could be self-employed as a PA. 

• A self-employed PA must show you their terms and conditions of service and provide a service contract.
• They must have a Unique Taxpayer Reference (UTR), a 10 digit number issued by HM Revenue & Customs (HMRC), and show you proof of this. 
• They must provide an invoice for the service and support they provide, showing the hours worked and the support provided.
• They are responsible for their own tax and National Insurance deductions.
• They are not entitled to Statutory Sick Pay or paid annual leave.
• They must have their own Liability insurance and show you proof of this. 

In addition, they should provide references from people they’ve worked for before and should have a recent DBS check. 

If you receive a direct payment from Surrey County Council, you’ll need to let them know if you intend to use a self-employed PA, as Surrey CC will require the PA to fill in a form.