Families who get overnight support may have to find up to £50,000 in back pay for carers.
That’s the warning from charity Mencap. It follows a UK government ruling that families should pay carers the minimum wage for “sleep-in” shifts.
Shirley with son Lloyd: he could be facing a £45,000 bill for back pay
The ruling has left care companies and families who receive direct payments facing a £400m bill for up to six years of back pay.
Derek Lewis, the Mencap chairman, said the Government should accept responsibility for changing its interpretation of the law and foot the bill.
‘Uncertainty and anxiety’ for families
Lewis said the issue was causing “uncertainty and anxiety for ordinary families, as well as the care sector”.
Mencap says 178,000 people with a learning disability across the UK get overnight care.
There are around 65,000 disabled people in England with direct payments budgets who employ personal assistants (PAs). The row has resulted in some of these workers putting in claims for back pay.
Shirley, who did not want to be fully identified, said her local authority funds round-the-clock care for her son Lloyd.
‘Government and local authority need to sort this out’
Lloyd has a severe learning disability and an essential part of his care involves overnight stays.
Lloyd is officially the employer. He could therefore face a demand for £45,000 in back pay.
Shirley said: “The Government and the local authority need to sort this out.”
Before the change, carers got a flat amount for each sleep-in shift. This was around £25 to £30, plus the hourly minimum for waking-time in providing support.
But Her Majesty’s Revenue and Customs is now enforcing the full £7.50 hourly minimum wage for workers aged 25 or over.
A spokesperson for the Department for Business, Energy and Industrial Strategy said the government has suspended enforcement action until 2 October.
It has also waived penalties for underpayments.
The spokesperson said the Government was working with industry representatives to see whether “further support is needed”.
Related:
- Carers sick with money worries
- Parent carers in line for a better deal
- Carers’ plight on World Autism Day
Published: 23 August 2017
