Can you explain a little more please? You are this man's carer, then you go on to talk about your wife and his PA. Please clarify and I will try to help you. I am a lawyer in Scotland.
The SI relates to the carer being related to the person needing care. If you aren't in that situation the SI doesn't apply and you should ask them why they think it does apply. Regulation 9 provides:
Exception to family members rule
9.—(1) Even if regulation 8(2) applies, a family member may not provide support to which a direct payment relates if—
(a)the local authority determines that either the family member or the direct payment user is under undue pressure to agree to the family member providing support; or
(b)the family member is a guardian, continuing attorney or welfare attorney with power to make decisions as regards ***** ***** to be provided through the direct payment.
(2) In this regulation—
means a guardian appointed under the Adults with Incapacity (Scotland) Act 2000(1) (“the 2000 Act”); and
includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during the adult’s incapacity, if the guardianship is recognised under the law of Scotland;
means a continuing attorney within the meaning of section 15 (creation of continuing power of attorney) of the 2000 Act(2); and
includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s property or financial affairs and having continuing effect despite the granter’s incapacity; and
means a welfare attorney within the meaning of section 16 (creation and exercise of welfare power of attorney) of the 2000 Act(3); and
includes a person granted, under contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s personal welfare and having effect during the granter’s incapacity. R
I presume that none of that applies to you