My mother-in-law has Alzheimer's and is steadily needing more care than our present care company provides, meaning the need for more time especially with personal care. We all plan to take on extra responsibilities, but my sister-in-law has offered to take on certain duties in a more formal capacity and therefore we want to develop an agreement and consider this to be paid employment. She is planning to give up her present job of work. Does anyone have any advice about the legal position with regard to employing a member of the family in role as chief carer.
Finance for a carer in the family.
- Thread starter rpdspd
- Start date
I see no reason why you shouldn't employ a member of the family, but believe you would need to make sure that you follow all the rules and regs of any employment: she may need to pay tax on her earnings, you and she may need to pay national insurance contributions, she must be enrolled in a pension scheme and she would need paid holidays.
These are all things you would have to provide for anybody outside the family, of course, if she weren't available.
These are all things you would have to provide for anybody outside the family, of course, if she weren't available.
Welcome to TP
There's nothing stopping you employing her other than as an employer your mum would have to cover her holiday pay, maternity leave, workplace pension, ensure the tax and national insurance are deducted from her wages and pay the 13% employer's contribution on the total salary as well.
Employer's liability insurance would be needed and a copy of the insurance certificate displayed on the wall...the list goes on and your mum would be liable to do all this correctly or risk a fine.
Obviously she would need proof of her right to seek employment in the UK and keep a copy of the documentation either proving UK citizenship or the right to work in the UK.
Caring for someone with AZ isn't easy and not everyone is cut out for it, if they didn't get on then as the condition progresses what would you do, sack her and risk an industrial tribunal and when your mother passes away presumably you'll have to make her redundant and pay her redundancy money.
Frankly it's potentially a minefield employing people these days.
K
There's nothing stopping you employing her other than as an employer your mum would have to cover her holiday pay, maternity leave, workplace pension, ensure the tax and national insurance are deducted from her wages and pay the 13% employer's contribution on the total salary as well.
Employer's liability insurance would be needed and a copy of the insurance certificate displayed on the wall...the list goes on and your mum would be liable to do all this correctly or risk a fine.
Obviously she would need proof of her right to seek employment in the UK and keep a copy of the documentation either proving UK citizenship or the right to work in the UK.
Caring for someone with AZ isn't easy and not everyone is cut out for it, if they didn't get on then as the condition progresses what would you do, sack her and risk an industrial tribunal and when your mother passes away presumably you'll have to make her redundant and pay her redundancy money.
Frankly it's potentially a minefield employing people these days.
K
Depending on where you are, there are charitable organizations that can help you with the paperwork that goes along with employing someone (family member or not).
Having said that, does anyone hold an LPA for your MIL?
Having said that, does anyone hold an LPA for your MIL?
I think it might be eligible for what is effectively an NI exemption
See
https://www.gov.uk/claim-employment-allowance
Also I think you don't legally have to have employers insurance for certain family members, though I think it would be wise to have it anyway.
https://www.blackfriarsgroup.com/do-i-need-employers-liability-insurance-for-family-members/
See
https://www.gov.uk/claim-employment-allowance
Also I think you don't legally have to have employers insurance for certain family members, though I think it would be wise to have it anyway.
https://www.blackfriarsgroup.com/do-i-need-employers-liability-insurance-for-family-members/
Just to add, redundancy calculator:
https://www.gov.uk/calculate-employee-redundancy-pay
A family care payment might be simpler but doesn't seem appropriate as it seems to be a more formal employment setup and so wouldn't apply.
https://www.gov.uk/calculate-employee-redundancy-pay
A family care payment might be simpler but doesn't seem appropriate as it seems to be a more formal employment setup and so wouldn't apply.
Wow, How nice to see a family coming together and recognising that caring is sharing. You have all agreed to help and what's more you are willing to contribute together to make sure that the main carer does not suffer financially as well. I am amazed I truly am and I commend you on your combined thoughtfulness. I am totally impressed.
I wish I had a family like yours. I looked after dad for as long as I could while I was working until it became impossible so I gave up work to be able to continue to look after dad. It has been eight months now of more or less full time care and now I sleep there most nights as dad is very ill. My husband helps me but he has also been ill. In all of this time I have not been earning money, I will probably have to top up my NI stamp and I don't even receive carers allowance because I am waiting for dads DLA to be upped a notch before I can even apply.
It doesn't really matter anymore and I certainly don't want payment from my sibling but when I did mention that a little help here and there would be nice. The reply was 'that I should realise that he works full time' I didn't want a lot, I just thought that maybe he could take dad shopping once in a while.
It's irrelevant now as dad has declined to such a poor state of health that I don't think he will be with us much longer.
I have no advice on the legalities of what you are hoping to do but well done all of you for sharing the care.
I wish I had a family like yours. I looked after dad for as long as I could while I was working until it became impossible so I gave up work to be able to continue to look after dad. It has been eight months now of more or less full time care and now I sleep there most nights as dad is very ill. My husband helps me but he has also been ill. In all of this time I have not been earning money, I will probably have to top up my NI stamp and I don't even receive carers allowance because I am waiting for dads DLA to be upped a notch before I can even apply.
It doesn't really matter anymore and I certainly don't want payment from my sibling but when I did mention that a little help here and there would be nice. The reply was 'that I should realise that he works full time' I didn't want a lot, I just thought that maybe he could take dad shopping once in a while.
It's irrelevant now as dad has declined to such a poor state of health that I don't think he will be with us much longer.
I have no advice on the legalities of what you are hoping to do but well done all of you for sharing the care.
Am I right in thinking that MIL is SIL's own mother? If funds are coming from MIL , is she self funding? If not direct payments through SS.
If she is self funding then do you hold POA? or joint POA with SIL? If holding POA , I think you need to formerly ask COP to agree to it as not meant to benefit if you are an attorney. (unless of course money no obstacle and no one but family will ever need to be involved and you all get on 100%)
If neither POA or COP then you may get SS on your back later on if spending MIL's money.
If she is self funding then do you hold POA? or joint POA with SIL? If holding POA , I think you need to formerly ask COP to agree to it as not meant to benefit if you are an attorney. (unless of course money no obstacle and no one but family will ever need to be involved and you all get on 100%)
If neither POA or COP then you may get SS on your back later on if spending MIL's money.
Thank you so much for your response. Things of this nature were going through our minds and we need to think through things carefully, before we make any firm commitment. We just want to do right by my mother-in-law.
Thank you so much for your reply - it has given us 'food for thought'. As your last comment suggested that employing someone is a 'minefield', we just want to try to get things right before we commit to this plan. Thanks for your later post too!
Thank you so much for your thoughts. I'm so sorry you're not having such a good time of it, but beneath it all I'm sure your dad appreciates everything you do.
To be perfectly honest the reason we want to get everything right and 'above board' is because we have another member of the family who is likely to question everything we do on the financial front. My husband and I have no concerns about giving money to my sister-in-law for this extra caring, but someone else seems to think otherwise. They do say that this happens frequently in families, don't they?
Perhaps you could print off my original query so that your brother could see it sometime - it might make him think!