Family Care Payments, otherwise termed ‘Gratuitous Care Payments’ may be awarded to family and/or sometimes friends, who provide support and care to a person above and beyond that which usually takes place amongst loved ones.
This type of payment recognises individuals who provide such a level of support that it enables another to live an independent life and within their own home. The list of tasks is infinitive and varies on a case to case basis, but may include helping another with bathing safely, getting dressed or making meals. The key point being that without this help, the induvial may need professional carers or to move into a suitable facility to meet their needs.
Whilst it is right that there is provision for those who offer such significant support to another, the difficulty can lay with determining a proportionate/appropriate value of payment. The Court of Protection have offered some guidance to assist Deputies in determining a fair and appropriate approach.
Given that an appointed Deputy is responsible for managing the finances of those who lack the requisite capacity to do so, the legal framework is such that the proposed payment must be within the individuals best interests and should not conflict with the Deputy’s duties not to take advantage of their position.
One approach taken in recent case law in order to determine a value, is to look at the cost for the equivalent care to be undertaken by a professional and reduce the figure by 20% given tax is not paid on gratuitous care payments. Other approaches have been taken within recent case law but the important point is, however the payment is determined it is important to note that any such payment made to a family career MUST reflect what an individual can reasonably afford.
Other factors which are considered:
- The care afforded must be of a good standard and as such, payments should properly reflect the input of the carer.
- A family/friend carer should not necessarily supplement professional care and it may be that it needs to run alongside a sufficient level of professional care, however, payments should represent a saving on the cost of professional care.
- Payments may take into account the financial contributions to a household of either the carer (as such suggesting an increase) or by the individual themselves to the family member’s/friend’s household (as such suggesting an adjustment down).
If you have any questions regarding the topic discussed above please don’t hesitate to contact a member of our Court of Protection team on 0344 3260049.