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<p>Self-funders and people with personal budgets whose care is arranged by their local
authority have no obligations under the provisions of the Care Act 2014, draft statutory
Care Act guidance or draft regulations on the Care Act, to show that they pay social
care providers enough to pay their staff at least the minimum wage, including remuneration
for travel time between appointments. Social care providers must fulfil their legal
obligations as employers which include ensuring that staff salaries conform to the
national minimum wage.</p><p> </p><p>If a person chooses to request their personal
budget as a direct payment to purchase their own care and support, the draft Care
Act guidance details what the local authority should do as part of its general monitoring
of the direct payment to ensure that the person fulfils their legal obligations as
an employer. This includes ensuring that the person is registered as an employer with
Her Majesty's Revenue and Customs and is making the appropriate contributions for
PAYE and income tax, and that payments conform to the national minimum wage. Where
it is apparent that these obligations are not being met, the local authority should
review the care plan and making of the direct payment to ascertain if alternate arrangements
need to be made that result in the person no longer being an employer (para 12.46-12.49,
p172-73).</p><p>The draft guidance and regulations on the Care Act are currently open
for public consultation. The Department is also undertaking a series of engagement
events with social care stakeholders to gather feedback on the content of the guidance
and regulations.</p><p> </p><p> </p>
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