Employing a Personal Assistant (PA)

Employing a Personal Assistant (PA) can give you greater control over how your needs are met. It is a more flexible way of managing your support. If you get a Direct Payment, you can use it to pay for:

A PA
A care agency
Other services that meet your Support Plan goals

You can also use a combination of any of the options.

Jobs you can ask your PA to do

It’s important to be clear about what you want your PA to help you with at home. That way there is no confusion. Your PA can help with tasks listed in your Support Plan.

Look at your Support Plan to work out:

the type of help you need
how many hours you want your PA to work

This could be just a few hours, or several hours each day or night. It all depends on what suits you best and what your Personal Budget will cover.

Some examples of tasks a PA can help with include:

Help with washing, dressing, or using the toilet
Support with social or leisure activities
Drive you to appointments or events
Help with letters, forms, and paperwork
Go with you to medical appointments
Cook, clean, and do laundry
Support with medication
Help with parenting
Stay connected with family and friends
Support with work, training, or education
Help you move around at home or outside
Use public transport with you
Do shopping and ironing
Give family carers a break

Will my PA be self-employed or employed by me?

If you hire a Personal Assistant (PA), you need to decide if they work for you as an employee or for themselves as self-employed. This choice affects tax and legal rules. You must base your decision on how the work is set up—not just what’s written in a contract or what you or the PA prefer.

HMRC can override your agreement if the facts suggest the PA is actually employed.
PA’s introduced by an agency may still need to be assessed by you—unless they:
work through their own limited company
are paid and managed entirely by the agency

Find information about the role of a Personal Assistant on the GOV.UK site.

Key Differences Between Employment and Self-Employment
Indicator	Employ a PA	Hire a Self-Employed PA
Obligation to work	They must accept and carry out work	They are free to accept or reject work
Control over tasks	You decide what, how, and when tasks are done	They decide how and when the work is completed
Substitution	They must carry out the work themselves	They can send someone else to do the work if needed
Equipment provided	You supply necessary tools and materials	They use their own equipment (significant items only—e.g. not gloves or wipes)

What to Do Next

Use HMRC’s guidance and tools to help assess employment status accurately.
Keep records of your decision-making process.
If in doubt, seek advice from local support services or a tax professional.

Check Employment Status for Tax using the HMRC Tool.

If you take on a PA as an employee, you will need to set up a PAYE (Pay As You Earn) scheme to manage tax and National Insurance.

There are two main ways to do this:

Use your own payroll software
Use a professional payroll service such as Disability Focus

Disability Focus supports individuals in Torbay who receive a Direct Payment or Personal Health Budget. They can help with:

Setting up and managing payroll
Managed payroll services
Advice on managing your care budget

As an individual employer, you can apply for funding to train yourself and your PA. This will support development and best practice in your role.

Find details about funding, and training opportunities – Skills for Care.

Find useful templates, employment contracts and other key documents – Disability Rights UK.

Do you need to get insurance

Yes. If you use Direct Payments to hire a Personal Assistant (PA), the law says you must have insurance to protect yourself.

You’ll need:

Employer’s Liability Insurance – covers you if your PA gets hurt while working
Public Liability Insurance – covers accidents that happen during their work

The cost of insurance should be included in your personal budget.

You must renew your insurance every year. Prices vary depending on the level of cover you choose. To make sure you’re properly protected, speak to an insurance company for advice.

How to find a PA in Torbay

If your care is funded by Torbay Adult Social Care and you would like help finding a Personal Assistant, please contact Support Networks at Windmill Torbay. Support Networks is a free service. It is commissioned by Adult Social Care. They hold a register of DBS-checked and appropriately insured Personal Assistants. They will provide a list of suitable candidates for you to choose from.

Important Information

Torbay Council does not vet or verify the individuals on the PA register.
We cannot accept responsibility for the accuracy of details provided by PAs.

Before hiring a PA, we strongly advise that you:

Interview candidates yourself
Check references and relevant qualifications
Carry out a DBS (Disclosure and Barring Service) check, even if hiring from the PA register

Support Networks also reserve the right to remove any listings from the register at their discretion.