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5. HAVING A CONTRACT WITH A SERVICE PROVIDER
Questions and answers in this chapter describe what you need to do to buy support from a provider for some or all of your care package. This is different to employing staff directly, which is covered in the next chapter.
What do I need to know about contracting with a service provider?
Buying services from a service provider means that you have a contract with the provider to provide the care workers you need. You do not employ directly the people who provide the services, and so you do not have the responsibilities of an employer. Your local support organisation will be able to assist with this (see Annex A).
Your local authority will be able to provide names of regulated service providers in your area which provide the kinds of services you need. You may also be able to find out about providers from other people who use self-directed support, your GP or community nurse, libraries, or Citizen's Advice Bureaux, or by looking in the Yellow Pages.
The Care Commission regulates the services provided by service providers. You can find out about the quality of any service provider from the Care Commission, see Annex A.
How do I choose a service provider?
Before contacting a provider it is important to be clear in your own mind what help you are looking for. Start by making a list of the tasks you would expect staff to do, just as you would if you were employing your own staff. Then think about what is most important to you about the way those tasks are done. This will help you get questions ready to ask providers when you are working out which one is best for you. Local support services and your council can help with defining job roles - they sometimes have a skeleton job description called a job proforma that you can use.
Always contact more than one provider before deciding. Remember that you are the customer. If one provider is not able to meet your needs, you may be able to find another that will.
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You might find it helpful to ask some of the following questions before making a decision: - What services are available?
- What charges will be made?
- Is everything in the price or are there extras to be added in, for example, National Insurance or travelling expenses?
- Is there a minimum service that has to be bought?
- Can I choose the person who provides my care?
- Can I expect to see the same person on a regular basis?
- What if the regular person is sick or on holiday?
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Can I contract with someone who is self-employed?
PAs are usually employed directly by an individual on self-directed support (see Chapter 6). However it is possible for a PA to be self-employed and for you to contract their services.
A PA cannot be asked to be self-employed to enable the individual on self-directed support to avoid taking on employer's responsibilities such as paying tax and national insurance. It is essential that self-employed PAs provide proof from the Inland Revenue that they are regarded as self-employed for tax purposes. Details of the criteria the Inland Revenue apply to determine if a worker should be classed as self-employed are given at the HM Revenue and Customs website http://www.hmrc.gov.uk/employment-status/index.htm. See Annex A for details of HM Revenue and Customs New Employers helpline.
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If an individual decides to contract a self-employed worker, the self-employed worker is responsible for: - providing a service agreement detailing items such as how much the worker is charging and how they will invoice
- providing a written statement to the effect that they will take responsibility for the paying of tax and national insurance
- funding their own training, including ensuring that they are trained to carry out the service they are offering
- providing a written statement that they have appropriate insurance indemnity cover, and
- undertaking and meeting the costs of an enhanced disclosure check.
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Only registered agencies are able to provide cover as part of their service agreement. If the local authority thinks that someone is acting as an agency and is not registered, they have a duty to report this to the Care Commission. If there is any doubt about whether the terms and conditions under which a worker is carrying out their duties are those of self-employment, then the individual on self-directed support must seek advice from the Inland Revenue.
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