Member only resources

Hiring your own support workers

Advice for you

Legal and Technical advice for people engaging their own supports

There are legal and regulatory implications that need to be considered and understood if you want to employ or engage your own support workers.

There are five main areas to think about:

WAiS has been working with KPMG and Capital Legal to understand the Industrial, Tax and other legal obligations of people who self-manage.

Together with KPMG, we applied for two separate Private Binding Rulings to the Tax department in July 2013. We wanted to make sure the income tax and superannuation obligations for someone employing their own supports were clear. These rulings came through in April 2014.

In late 2014 WAiS applied for another Private Binding Ruling. We wanted to find out whether payments paid to a support person in a co-residency arrangement by an individual – where the support person lives in the home of the person with disability – are seen as income. This ruling came through in June 2016.

We have information for our members about these rulings and other advice we received. 

WAiS has also received information from the ATO about a private binding ruling.  We wanted to find out whether income is assessable or not from the point of view of the support person. The facts in this case are where the support person lives in the home of the person with disability.

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