Confusion regarding terms and conditions for a cleaner (not a straightforward set up).

[Aumum]

Hi.
Please be kind, this is my first post.
Firstly, I am not a business owner but have found myself in a position where I qualify for a cleaner to come to my home.
Stay with me here! I am a mum of a teen and 20 year old. Both have ASD and living at home and one has challenging behaviour. He's has severe ADHD is VERY chaotic and messy. It's so relentless and I'm also classed as a carer for my 84 year old Mum who is mostly housebound now.

I have qualified for a cleaner for two hours a week under the Care act 2014. The carer's centre will pay for it (who were commissioned to carry out the carer's assessment) but the money comes from the Local Authority.

I have asked If I can chose a cleaner who lives locally because I want to split the clean into 2x1hr cleans twice a week, otherwise we're in a mess for the rest of the week.
I have found a lovely lady who is happy with an agreed rate of £20ph (almost double my wage!) but it does compensate for the faffing of coming twice. She is happy to do this and lives only a short walk away.

The carers centre want me to agree terms and conditions with her before they agree her start date. However, she has been told to do this as self employed. We didn't know this, so it's new to her. She has called HMRC and has now been given a UTR which the carers centre requested.

It does seem odd that the terms and conditions have to be agree between ourselves because I am not her employer, because I wont be paying her. She has to send off her time sheet to the carers centre monthly, not me.
I have looked online for a template T's and C's but I don't know how to fill it in and I can't find enough info to help me. She wont get holiday or sick pay etc or higher pay on Bank holidays but the rate reflects that. It's a much higher rate than many self employed cleaners get in this area and I will supply all cleaning materials. I know we'll get on well. She gets our situation. I feel really lucky but it's been nearly a year since I made that desperate call for a needs assessment and this T's and C's confusion is only delaying things further.

I am so confused!! Any advice welcome. Thank you.

Sorry, I do waffle. I wanted to set the scene for fear of being judged by those keyboard warriers but I don't think I'll find any here

 

[RandyMarsh]

Don't overthink it! Terms and Conditions are just a list of the things you expect from each other. I would suggest you write something like:
X will clean Y's house on two days each week for one hour one each occasion.
X will be paid £20 per hour or pro-rata
X is self-employed and will be paid by (name of carers' centre)
plus:
How you will agree on the exact time of the visit (regular hours with the option to move it; or you tell her in advance each week; or she chooses when to come)
An outline of the tasks required
Who supplies equipment and cleaning products.
Just write it all down, make sure your cleaner agrees with everything and you're done.

 

[Aumum]

Don't overthink it! Terms and Conditions are just a list of the things you expect from each other. I would suggest you write something like:
X will clean Y's house on two days each week for one hour one each occasion.
X will be paid £20 per hour or pro-rata
X is self-employed and will be paid by (name of carers' centre)
plus:
How you will agree on the exact time of the visit (regular hours with the option to move it; or you tell her in advance each week; or she chooses when to come)
An outline of the tasks required
Who supplies equipment and cleaning products.
Just write it all down, make sure your cleaner agrees with everything and you're done.

Oh you're a star. I overthink EVERYTHING! I make life harder than it should be Massive thanks x

 

[JEREMY HAWKE]

Well at least your putting in reaserch over this small issue
Some of the chancers that come here have already lost hundreds of thousands before they ask the right questions ????

 

[WaveJumper]

I have to say this seems a very odd way for the service to run nothing like the set up with my own mother, either the local council or if they have as suggested subbed this service out to a third party, they should be in my mind doing all the leg work. The carer should come under their wing as far as Terms and Conditions / contract, a review of who they are and have a responsibility for their H&S training etc etc not the end user.

I wonder if @Newchodge has come across this before

 

[ethical PR]

Oh you're a star. I overthink EVERYTHING! I make life harder than it should be Massive thanks x

Why aren't you asking the carer's centre they will have a template you can adapt.

 

[IanSuth]

my eldest daughter does some respite care for a family friends disabled daughter - she is paid from PIP via a similar set up - the mother has to give a timesheet to the company contracted by the LA to do care locally, she is then paid in a really weird way where they don't do real payroll but almost guess like CIS and at the end of year they do a p60 and she gets a refund of overpaid tax (as a student she doesnt hit her allowance).

I queried and only other way was if she created a PSC and invoiced that organisation