Hiring a Personal Assistant in Scotland Under Self-Directed Support

Why Families Choose SDS Option 1

When the local Health and Social Care Partnership (HSCP) assesses your parent as needing care at home, they must offer four options under Self-Directed Support (SDS). Option 1 — the Direct Payment — transfers the personal budget as cash into a dedicated bank account, giving the family control over how the money is spent.

The primary reason families choose Option 1 is consistency. Under Option 3 (council-arranged care), your parent may see dozens of different carers over the course of a month, each unfamiliar with their routines, preferences, and medical needs. By hiring a Personal Assistant (PA) directly, you choose who provides the care, set the schedule, and build a stable relationship between the PA and your parent.

The trade-off is administrative responsibility. When you hire a PA under Option 1, you become their employer. That carries legal obligations around tax, National Insurance, holiday pay, sick pay, and workplace insurance.

How the Direct Payment Works

The council calculates a personal budget based on the assessed care needs. This budget is transferred into a dedicated bank account (or a pre-paid card in some council areas) on a regular schedule. The money can only be used to meet the assessed care needs — it is not general income.

The council does not dictate how you spend the budget within those care needs. You can hire one PA for all the hours, split the hours between two PAs for cover, or use some hours through an agency and the remainder through a PA. Option 4 (Mixed) formally allows you to combine approaches across different parts of the care plan.

You will need to account for the spending. The council audits Direct Payment accounts, typically annually, and expects to see invoices, timesheets, and bank statements showing that the money was spent on the assessed care. Keep records from day one.

Your Legal Duties as an Employer

Hiring a PA makes you (or your parent, or the named PoA holder) a legal employer under Scottish employment law. The core obligations:

Contract of employment. You must provide a written statement of terms and conditions no later than the PA's first day of work. This covers hours, pay rate, holiday entitlement, sick pay, notice periods, and disciplinary procedures.

PAYE registration. Register as an employer with HMRC. You are responsible for calculating and deducting Income Tax and National Insurance from the PA's pay and submitting Real Time Information (RTI) returns. Many families use a payroll agency to handle this — the cost (typically £15 to £30 per month) is usually covered by the Direct Payment.

Holiday pay. PAs are entitled to a minimum of 5.6 weeks of paid annual leave per year. You need a plan for cover during their holidays — agency staff, a second PA, or temporary reduction in hours.

Employer's liability insurance. This is a legal requirement. You must hold a policy with at least £5 million of cover. Some council areas arrange this centrally for all Option 1 employers; others expect you to arrange your own.

Protecting Vulnerable Groups (PVG) check. Before a PA begins work with a vulnerable adult, they must join the PVG Scheme managed by Disclosure Scotland. The check confirms they are not barred from working with vulnerable adults. The PA applies for the check themselves, but you should not allow unsupervised care until the PVG membership has been confirmed.

Finding the Right PA

PAs are not care agency workers — they are individuals hired directly by the family. Finding the right person involves advertising, interviewing, and checking references, just as you would for any other job.

Advertising options include local council PA registers (many HSCPs maintain lists of people interested in PA work), community noticeboards, local social media groups, and national platforms like Indeed and Gumtree. Some areas have specialist PA support services funded by the council to help families recruit.

When interviewing, focus on practical competence and personal compatibility. Your parent will spend hours each day with this person. Ask about their experience with the specific care tasks your parent needs, their approach to dignity and privacy, and what they would do in an emergency. A trial period (with supervision) is sensible before committing to a permanent arrangement.

Getting Support as an Employer

The administrative burden of Option 1 deters many families, but support is available. Several organisations across Scotland are funded to help PA employers with recruitment, payroll, contracts, and PVG checks. Age Scotland and local support services like Orkney Disability Forum, Independent Living Association Glasgow, and Self Directed Support Scotland all provide guidance.

Your local HSCP should also signpost you to employer support when they set up the Direct Payment. If they do not, ask specifically for PA employer support services in your area.

The Arranging Care for an Elderly Parent in Scotland guide includes PA employer templates — a contract of employment, timesheet and audit tracker, and a recruitment checklist — designed for Scottish families using SDS Option 1.

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