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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I receive a personal health budget and pay my own employed

Resolved Question:

I receive a personal health budget and pay my own employed carers to look after me. One of my carers is my mum and whilst I pay her in reality she does not provide regular care input for me - recently someone suggested to me that I am committing fraud by doing this and my friend who does the bank transfer payments for me is an accomplice to this fraud, is this true? All tax and national insurance is paid. As my care needs are met and I am not spending the budget monies on things 'against the rules' I hadn't considered I was doing illegal, my mum does do some care input just not the regular weekly input the wage may suggest. I would be very grateful for advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear you are receiving payments for your mum to care for you and in reality she does not?

Customer: replied 1 year ago.
Thank you for the telephone offer but it is not something I can do at the moment. My mum does provide some care but just not the hours per week her 'wage' may suggest; perhaps it could be said that I pay to retain her as a part of my team.
Expert:  Ash replied 1 year ago.

You are paid benefit for this, by the Council?

Customer: replied 1 year ago.
I receive a personal budget to pay for all of my care & I do spend that money on my care other than the percentage mentioned I pay to my mum...
Expert:  Ash replied 1 year ago.

Is the sum allocated for your mum for certain hours worked?

Customer: replied 1 year ago.
No, in actual fact I have never tied myself down into how many hours each individual carer works
Expert:  Ash replied 1 year ago.

When you applied, what did you declare?
But in short you are receiving the money for hours which are not being worked?

Customer: replied 1 year ago.
My care budget is an amount of money to be used to cover my care needs. I am only really asked to provide details of my employees (national insurance numbers etc) and to ensure that all tax and national insurance is paid on the wages. The rules are that you cannot for example spend the money on gambling, alcohol etc. If I wanted to buy specific equipment then this could be possible so long as it is agreed first.
Expert:  Ash replied 1 year ago.

So you can allocate it how you wish?

Customer: replied 1 year ago.
really, as long as my care needs are met. I directly employ people rather than use agencies which saves money meaning my carers get a higher wage and I have money left over, which I pay my mum regardless of whether she has worked that week or not
Customer: replied 1 year ago.
I guess in some respects I am more concerned about the issue of fraud because my friend does the bank transfers for me, I would hate to think of her getting into trouble
Expert:  Ash replied 1 year ago.

Well it depends. If its a budget that you can what you want with you are ok to a certain extent.

However if you are paying for work that is not being carried out and the payments you receive are designed to cover that, it could be fraud.

Therefore if someone isnt actually doing the hours claimed and you are receiving payments at the public expense, ie benefit/grant then it could be an issue.

You should really amend the payments going to this person helping you.

There is a risk that it is fraudulent, because work is being claimed that is not being carried out.

Can I clarify anything for you about this today please?
Alex

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