What is a direct payment?
Direct payments are payments from the local council for people who have been assessed as needing help from social services, and who would like to arrange and pay for their own care and support services. These payments are made directly to the older or disabled person (or to someone acting on their behalf), to arrange their own care package.
Who can get a direct payment?
Anyone who is assessed as needing care services has the right to request adirect payment instead of having those services provided by their council. There are limited circumstances when direct payments are not awarded, however the majority of those already receiving, or those assessed as needing, social services have a right to direct payments. These include:
No. It is always the choice of the person receiving care (or the person acting on their behalf) whether to receive direct payments or continue getting services from social services.
I am already receiving services from the local authority – can I switch to direct payments?
Yes, you can ask the local authority to change to direct payments.
If I am a carer, what involvement do I have with the direct payments for the person I look after?
It depends on the capacity of the person are looking after ie if they have sufficient understanding and memory to comprehend the consequences of managing the direct payment. If the person lacks mental capacity then you or another person who may be acting on their behalf, may be asked to manage the direct payment for them.
In some cases like this, the direct payment can be paid into a ‘user controlled trust’ (also known as an ‘Independent Living Trust’). The trust is used to manage money paid via direct payments but can include money from other sources. Trustees can include family members and/or professionals.
Children under 16 cannot receive direct payments in their own right but they can be paid to their parents who will manage them on their behalf. When a parent chooses direct payments the local authority still has responsibility under the Children Act 1989 to assess and review the needs of the disabled child and family.
How much will the direct payments be?
The amount depends on the individual’s needs. Local councils should pay enough to cover the support that individuals have been assessed as needing, and users should not find themselves doing without those services because they cannot afford them.
However, a council may only be willing to pay for the cheapest agency, which they deem as providing an ‘adequate service’, even though a more expensive agency better meets the needs of the disabled person. If those offered direct payments feel that the money offered is not enough, then they do not have to accept it.
What can direct payments be spent on?
Direct payments are given to buy services (including equipment) that the disabled person has been assessed as needing. Social services teams set out what the money can and cannot be used for. Some people usedirect payments to employ careworkers for personal care, others prefer to get help with domestic work like cleaning and laundry.
Although direct payments are designed to support independent living, and cannot be used to pay for permanent residential accommodation, disabled people may be able to use the money to pay for short breaks ie respite care. Councils may also agree to allow users to combine support, so that some needs can be met by social services, and others can be met through direct payments.
How much money will we get to pay a care worker?
There is no set amount. The person you are looking after will need to be sure that they are receiving an amount that will fully cover their costs, including insurance and administration, and a criminal records bureau check.
Does receiving direct payments mean being an employer?
It depends. If the money is used to employ a care agency then that agency will have responsibility for all employment rules and procedures for the staff providing care. However, if direct payment users take on staff directly, then they will be classed as an employer.
What does being an employer entail?
If the disabled person (or someone acting on their behalf) employs staff directly, those receiving direct payments are bound by all the laws that cover employment and would be responsible for things like payroll, workplace insurance, health and safety and recruitment. Phoenix membership gives you access to all the support you need for direct payment administration.
What happens if the care worker is ill or away on holiday?
You need to plan emergency back up services to ensure the person you are looking after will have the care they need if the care worker is away.
Are there restrictions on who you can employ?
Yes. The money cannot usually be used to employ a spouse, partner or a close relative if they live in the same household as the person receiving care, close relatives who live elsewhere are usually permitted. The council can waive these restrictions in some circumstances and direct payment users should discuss the employment of family or partners with their council.
What checks are there on how you spend the money?
If the disabled person (or someone acting on their behalf) receives direct payments, they will need to account for the money spent on a quarterly basis. Phoenix will make these returns on your behalf.
What is an 'individual budget'?
You may hear the term ‘individual budget’. This is a development of the idea of direct payments and pools different streams of funding for a person’s social care into one pot. So as well as the money for directpayments it could include money from NHS sources for health needs or money for education.
I’ve tried a direct payment but I’m not happy with it, what can I do?
Direct payments are voluntary, and so the disabled person (or somone acting on their behalf) can change their mind about them. If that happens they should contact social services and ask for services to be provided directly.
Who can get a direct payment?
Anyone who is assessed as needing care services has the right to request adirect payment instead of having those services provided by their council. There are limited circumstances when direct payments are not awarded, however the majority of those already receiving, or those assessed as needing, social services have a right to direct payments. These include:
- older people who have been assessed as needing community care services
- disabled people aged 16 and over, including those with short as well as long term needs
- carers, in place of receiving carers’ services
- families with disabled children
- disabled parents.
No. It is always the choice of the person receiving care (or the person acting on their behalf) whether to receive direct payments or continue getting services from social services.
I am already receiving services from the local authority – can I switch to direct payments?
Yes, you can ask the local authority to change to direct payments.
If I am a carer, what involvement do I have with the direct payments for the person I look after?
It depends on the capacity of the person are looking after ie if they have sufficient understanding and memory to comprehend the consequences of managing the direct payment. If the person lacks mental capacity then you or another person who may be acting on their behalf, may be asked to manage the direct payment for them.
In some cases like this, the direct payment can be paid into a ‘user controlled trust’ (also known as an ‘Independent Living Trust’). The trust is used to manage money paid via direct payments but can include money from other sources. Trustees can include family members and/or professionals.
Children under 16 cannot receive direct payments in their own right but they can be paid to their parents who will manage them on their behalf. When a parent chooses direct payments the local authority still has responsibility under the Children Act 1989 to assess and review the needs of the disabled child and family.
How much will the direct payments be?
The amount depends on the individual’s needs. Local councils should pay enough to cover the support that individuals have been assessed as needing, and users should not find themselves doing without those services because they cannot afford them.
However, a council may only be willing to pay for the cheapest agency, which they deem as providing an ‘adequate service’, even though a more expensive agency better meets the needs of the disabled person. If those offered direct payments feel that the money offered is not enough, then they do not have to accept it.
What can direct payments be spent on?
Direct payments are given to buy services (including equipment) that the disabled person has been assessed as needing. Social services teams set out what the money can and cannot be used for. Some people usedirect payments to employ careworkers for personal care, others prefer to get help with domestic work like cleaning and laundry.
Although direct payments are designed to support independent living, and cannot be used to pay for permanent residential accommodation, disabled people may be able to use the money to pay for short breaks ie respite care. Councils may also agree to allow users to combine support, so that some needs can be met by social services, and others can be met through direct payments.
How much money will we get to pay a care worker?
There is no set amount. The person you are looking after will need to be sure that they are receiving an amount that will fully cover their costs, including insurance and administration, and a criminal records bureau check.
Does receiving direct payments mean being an employer?
It depends. If the money is used to employ a care agency then that agency will have responsibility for all employment rules and procedures for the staff providing care. However, if direct payment users take on staff directly, then they will be classed as an employer.
What does being an employer entail?
If the disabled person (or someone acting on their behalf) employs staff directly, those receiving direct payments are bound by all the laws that cover employment and would be responsible for things like payroll, workplace insurance, health and safety and recruitment. Phoenix membership gives you access to all the support you need for direct payment administration.
What happens if the care worker is ill or away on holiday?
You need to plan emergency back up services to ensure the person you are looking after will have the care they need if the care worker is away.
Are there restrictions on who you can employ?
Yes. The money cannot usually be used to employ a spouse, partner or a close relative if they live in the same household as the person receiving care, close relatives who live elsewhere are usually permitted. The council can waive these restrictions in some circumstances and direct payment users should discuss the employment of family or partners with their council.
What checks are there on how you spend the money?
If the disabled person (or someone acting on their behalf) receives direct payments, they will need to account for the money spent on a quarterly basis. Phoenix will make these returns on your behalf.
What is an 'individual budget'?
You may hear the term ‘individual budget’. This is a development of the idea of direct payments and pools different streams of funding for a person’s social care into one pot. So as well as the money for directpayments it could include money from NHS sources for health needs or money for education.
I’ve tried a direct payment but I’m not happy with it, what can I do?
Direct payments are voluntary, and so the disabled person (or somone acting on their behalf) can change their mind about them. If that happens they should contact social services and ask for services to be provided directly.