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<p>The Department is clear that care providers must abide by the law with regards
to payment of the national minimum wage and will continue to take steps to ensure
this happens.</p><p> </p><p> </p><p> </p><p>Departmental officials are liaising with
the Department for Business, Innovation and Skills on the issue of social care providers
who do not comply with the national minimum wage, and with HMRC on their ongoing enforcement
investigations. Under new arrangements that came into force in October 2013, employers
found not to be paying the national minimum wage, including care providers, will be
publically named.</p><p> </p><p> </p><p> </p><p>The Department is also developing
a range of work to ensure providers are aware of their responsibilities, and have
the practical tools, to ensure they are paying at least the national minimum wage.</p><p>
</p><p> </p><p> </p><p>Local Authorities’ commissioning can also play an important
role in ensuring that care workers receive the national minimum wage to which they
are entitled. The Department has recently consulted on statutory guidance for local
authorities as part of the package of secondary legislation to accompany the Care
Act, including guidance on commissioning and market shaping. The draft guidance explicitly
states that local authorities should have evidence that contract terms, conditions
and fee levels will not compromise care providers’ ability to pay at least minimum
wages. Responses to the consultation are currently being analysed and the final guidance
will be published in October. The Department is also working with the Association
of Directors of Adult Social Services, the Local Government Association and the Health
Services Management Centre at Birmingham University to develop a set of Commissioning
Standards. Local authorities will be encouraged to use these as a benchmark to support
them to improve commissioning practices, including those which have an impact on the
social care workforce such as employer compliance with national minimum wage.</p><p>
</p><p> </p><p> </p><p>The Department has recently provided a contribution to the
Interim Evidence to the Low Pay Commission.</p><p> </p><p> </p><p> </p><p>Ministers
have not had recent direct discussions with the Chancellor of the Exchequer on homecare
workers receiving less than the minimum wage.</p><p> </p><p> </p><p> </p>
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