The Community Care (Direct Payments) Act 1996 gave local authorities the power for the first time to make cash payments for community care direct to individual service users. Disabled people have consistently asked for greater influence over the way in which services are provided and have requested direct payments so that they can manage and control their own care. The Act encourages and enables flexibility in meeting indentified social care needs.

Regulations introduced in April 2000 amended the 1997 Regulations so that the persons to whom direct payments may be made under the Act may include aged 65 or over.

The Community Care, Services for Carers and Children’s Services (Direct Payments) Regulations 2003. On April 8th 2003 new regulations came into force making a duty to make direct payments. This means that whenever a community care assessment or for disabled children an assessment under the Children Act is undertaken then direct payments must be offered as an alternative to the care or support arrangements normally arranged by social services department.

What are Direct Payments?

A Direct Payment is money given to you from Social Services to enable you to buy and arrange your own care or support. Direct Payments are an alternative to receiving direct services like homecare, daycentres and residential etc.

Direct payments enable you to take responsibility for arranging the services or support you require, managing the money, employing staff to provide your support, etc. This puts you in control.

Who can receive a Direct Payment?

• Assessed by Social Services as needing a community care service
• A person with parental responsibility for a disabled child
• A disabled person aged 18 or over
• Able to manage the scheme (alone or with assistance of others)
• A young person with a disability aged 16/17 years
• A young carer aged 16/17
• Willing to use a Direct Payment instead of a service
• Carers can receive payments to purchase the services they are assessed as needing to support them in their caring role and to maintain their own health and well-being

What can Direct Payments be used for?

Direct payments can be used to purchase any service that you have been assessed as needing with the exception of permanent residential care.

• You can employ your own personal assistant
• You can pay a private agency
• To purchase equipment
• Respite care
• Day time activities
• Assistance with personal care
• Assistance with domestic care
• Specialised needs, such as a guide communicator or a person who has challenging behaviour
• Care breaks
• Small aids and adaptations, but not services and equipment that would otherwise be arranged by NHS or Housing.

The direct payments package can be combined with Health, Homecare and ILF.

Who can I employ?

Any individual recruited by the direct payments user.

This includes:

• Friends or neighbours
• Strangers
• Students over 18
• Agencies (although rates will be higher)
• Close relatives who do not live in the same household

What will be your responsibilities?

Whilst direct payments give you choice, control and flexibility, they also put responsibilities on you. These include:

• Have a separate bank account where payments can be made into (a 3rd party bank account is available under certain circumstances)
• Use the direct payments to buy the support you have been assessed as needing
• Take on the responsibility of a employer, if you employ your PA directly
• Advertising for a personal assistant
• Keep a record of how you spend your direct payment
• Signing a direct payments agreement with Social Services
• Ensuring that your personal assistant has a contract of employment.
• Ensure that you are adequately insured, particularly with Employers Liability Insurance

How much is paid?

• The hourly rate is reviewed on an annual basis. The current figures below are for the 08/09 financial year.
• You will receive £7.78 per hour (daytime) £10.36 per hour (evening) £31.29 sleep in rate
• We are able to pay an enhanced rate for specialist skills, such as guide communicator or being able to support a service user with challenging behaviour.
• The rates include holiday, sickness and tax
• The Direct Payments is paid in advance into a bank account every four weeks
• You will receive a “remittance advice slip” confirming that the payment is due
• Additional payments will be made to cover advertising, insurance and payroll services
• You must decide with your payroll provider an hourly rate to pay your personal assistants.

Contributing to the cost of the Direct Payments package

If you wish to receive a Direct Payment we will carry out a fairer charging financial assessment to calculate how much they should contribute towards the cost of your care/support. This is in line with any contribution you would be expected to make if you received support from Adult Services, Housing & Health.

The current charges for a personal contribution is:

• Maximum weekly charge is: £75 per week
• Hourly charge: £8.50 per hour

You will be notified of any contribution you may need to make towards your package.

What should Users do before deciding to apply for Direct Payments

They should find out as much information, so that they can make an informed decision. You can do this by:

• Contacting their Local Direct Payments Support Service
• Talking with other Direct Payments users
• Reading any material on Direct Payments

How Individuals can apply for a Direct Payment

• If they already get a service from Adult Services, Housing & Health, they can request a review and mention that they are interested in receiving a Direct Payment.
• If they currently are not receiving a service from Adult Services, Housing & Health they can contact the authority to request a Community Care Assessment and advise them they are interested in receiving a Direct Payment.

What support is available

The Direct Payments Support Service provides practical advice and guidance around Direct Payments. They offer a range of support, which include:

• Assistance to recruit a personal assistant
• Support with writing job descriptions
• Provision of information about employer liability insurance
• Provision of checks such as references or criminal record bureau
• Assistance with financial monitoring
• Provision of ongoing advice around employment issues or independent living options
• A payroll service
• Advice around tax and national insurance
• Arranging contact with other payroll providers.