Vulnerable individuals with learning difficulties could lose right away supervision, disability charity Mencap alerts.
The HMRC provides ruled carers sleeping overnight to give safety and reassurance should be end up being paid the national minimum wage for all hours.
Mencap says the total bill designed for back pay – due simply by September, and in some cases dating back six many years – could be 400m.
The government says carers should be compensated fairly.
The nationwide minimum wage for those aged twenty five and over is 7. fifty an hour, which will increase to nine by 2020.
During night shifts, most employees delivering care in people’s own houses are allowed to sleep, providing they could be woken to deal with any incidents.
According to minimum wage laws, employers must take into account shifts exactly where staff are allowed to sleep provided that they are “at work and below certain work-related responsibilities”.
Until recently, many overnight carers were paid a flat rate money for the ‘sleep-in’, with additional income paid for work carried out.
‘Brink of disaster’
Smaller care charities had been on the brink of disaster due to the changes, said Derek Lewis, Chairman of Mencap.
The charity lost an attractiveness in April this year, against the ruling that it was wrong to have compensated a support worker 29. 05 for any nine-hour sleep-in shift.
Mr Lewis said: “The carer is only there ‘just in case’ to provide safety and reassurance and it is rarely disturbed.
“There will be a major impact on the particular 5, 500 people we assistance and some may even end up losing that will support all together.
“For many smaller care providers across the nation the financial impact will be disastrous. ”
Mencap utilize around 5, 500 carers with an overnight basis, and says this plans to appeal further the coming year.
A government spokesperson said: “We recognise the essential role social care providers enjoy in supporting some of the most vulnerable individuals in our society and workers because sector should be paid fairly for that important job they do.
“As the Prime Minister reports, the government is considering this issue incredibly carefully and we will continue to work with the to ensure any action taken to secure workers is fair and in proportion. ”
Unison, which usually represents a number of overnight carers, mentioned: “It’s the government’s failure to finance social care properly that dangers devastating the care sector, not really the workers asking for a legal income.
“Charities and treatment companies have known for a long time they have to pay sleep-in staff at least the particular minimum wage. But it’s just now HM Revenue & Traditions is in pursuit that many are asking poverty and asking for an permission from the law. ”