Direct Payments - Frequently Asked Questions
Listen- What are Direct Payments?
- Who can receive Direct Payments?
- How much money will be given to me as a Direct Payment?
- What about start up costs?
- What if my needs change?
- What records do I need to keep?
- What can I spend the money on?
- Under what circumstances would I have to return money to Adult Social Care?
- Are there any restrictions on whom I can employ using Direct Payments?
- What are my main responsibilities as an employer?
- What checks can I make about a person I want to employ as a personal assistant?
- Are Direct Payments taxable and will they affect my benefits?
- Are Direct Payments means tested?
- How does Adult Social Care monitor whether the Direct Payment is being used for the right purposes?
- Can Direct Payments be used for residential care?
- Can Direct Payments be used to buy services from the Council?
- What should I do if I want to receive Direct Payments?
- How can I find out more about Direct Payments?
Direct Payments are cash payments made to individuals who have been assessed as needing help from Adult Social Care. The money is provided so that the individual can arrange services or support for themselves instead of having services provided or arranged by Adult Social Care. The Government recognises that most people prefer to live independently in their own homes and Direct Payments are a good way to help support them to do so.
The aim of a Direct Payment is to give more flexibility in how services are provided to many individuals who are assessed eligible for Adult Social Care support. By giving individuals money in lieu of social care services people have greater choice and control over their lives, and are able to make their own decisions about how their care is delivered.
Who can receive Direct Payments?
They can be made to any adult* who is eligible for help from Adult Social Care, young people aged 16-17 with a disability, parents of children with a disability and carers. Adults who are eligible for help from Adult Social Care include people with physical or sensory disability, people with a learning disability, older people and people with mental health needs.
Anyone in the any above groups is entitled to receive Direct Payments, should they choose to do so, provided only that Adult Social Care is satisfied that they are able to use the money to arrange for the care and support that they (or their child) need – either by themselves or with help.
*There are a small number of people (those subject to certain mental health or criminal justice legislative provisions) who are excluded from receiving Direct Payments.
How much money will be given to me as a Direct Payment?
You will be given the amount of money that you will need to arrange the services that you need. To work this out, first an assessment of your care and support needs will be carried out. This will be used to construct a care plan at this stage you could discuss Direct Payments, your care manager and the way in which you would use the money. Once completed the care plan will then be used by Adult Social Care to work out how much it would cost for you to arrange the services with a Direct Payment.
When starting on direct payments you will be given an initial payment to cover such things as the cost of advertising for personal assistants and payment of Employers Liability Insurance for the first year. The amount of this payment will depend on your particular circumstances and whether or not you decide to employ someone using you Direct Payment.
If you receive Direct Payments, your care and support needs will be reviewed from time to time (at least once a year) in exactly the way as they would if Adult Social Care were directly providing or arranging services for you.
In addition, you can request a review at any time that there is a significant change in your needs. Following a review, the amount you receive each month as a Direct Payment will be adjusted to reflect any change in your need for care and support.
What records do I need to keep?
You will need to open a separate bank account for your Direct Payments and you will need to keep all receipts where possible. The finance officer will need to see the bank statements for the separate Direct Payments account on a quarterly basis.
What can I spend the money on?
Your direct payment is to pay for the services detailed in your care plan only, there may be some flexibility in this plan but if you want to change anything please speak to you care manager first. Secondly you must use the money legally, you should ensure that you comply with the duties and obligations as an employer, including those relating to income tax, national insurance, employer’s liability insurance, public liability insurance, training and health and safety.
Under what circumstances would I have to return money to Adult Social Care?
If for some reason you do not need and so do not spend all the money you have received in Direct Payments, for example if your needs change or you spend some time in hospital, the amount of money left in your account will increase. If this happens your care manager will contact you to check whether your needs have changed. They will then arrange for a review or further support to help you spend the money on your assessed needs. If the money has not been spent and is not required, Adult Social Care will ask for some of it to be returned, though you will always be left with enough to meet your care needs.
Adult Social Care is also entitled to reclaim any money it discovers was not spent on providing services to meet identified social care needs. However, Adult Social Care will never reclaim money under these circumstances if the Direct Payments recipient purchased the service in good faith, believing that it was a legitimate way of meeting their needs. In circumstances such as these, Adult Social Care could state that the money was not to be spent in that way in future, but money already spent would not be reclaimed.
Are there any restrictions on whom I can employ using Direct Payments?
You cannot normally use Direct Payments to employ your husband, wife or partner or other close relatives that lives with you.
However, Adult Social Care can agree that you can employ such a person in exceptional circumstances – namely where they are satisfied that securing the service from such a person is necessary to meet satisfactorily the individual’s need for that service. You would need the explicit agreement of Adult Social Care before employing a close relative who lives with you using direct payments money.
What are my main responsibilities as an employer?
Thinking about all of this and becoming an employer can feel a bit overwhelming and there are bits of law and legislation that you will need to comply with.
Everyones care plan is different and you will have different responsibilities depending on how many hours assistance you require and the kind of support you need. You will also have different responsibilities depending on whether you employ your own staff, use self employed workers or use an agency.
In order to help you the direct payments team is here to advise and support you.The main areas they will discuss and support you with are listed below, however they will endeavour to help with any employment problem you might have that is individual to you and your staff. Employing a personal assistant can be daunting but if you decide to take on becoming an employer you could soon be enjoying the freedom and choice that comes with being in control of your support
What checks can I make about a person I want to employ as a personal assistant?
If you ask the Council and the person you want to employ gives their consent, the Council can carry out a Criminal Record Bureau (CRB) check on the person. The Council can then tell you if the person is someone who it is suitable to employ. You can see the result of the CRB check itself if the potential employee gives their permission.
The CRB check will also include a check that the person is not on the Protection of Vulnerable Adults (POVA) or Protection of Children from Abuse (POCA) national databases of people who are not suitable to work with vulnerable adults/children.
The Council strongly advises you to have these checks carried out and not to employ any person who refuses to agree to the checks being made. If you are the parent of a disabled child, the Council will not permit you to employ a person to care for your child using direct payments money unless a CRB check has been carried out or if, following this check, the person has been found unsuitable to work with children.
CRB checks are not transferrable, therefore even if the person you are going to employ has had a previous CRB we would strongly recommend you have another one carried out. The cost of the CRB check is covered by the Council.
Are Direct Payments taxable and will they affect my benefits?
No. Direct Payments are provided specifically for the purpose of arranging social care services, which would otherwise be provided or arranged by Adult Social Care. As such they are not treated as income for tax purposes and they do not affect your benefits.
Are Direct Payments means tested?
The Council charges for certain social services which it provides or arranges. If you choose to receive Direct Payments instead of services, you will be charged the same as you would be for equivalent services if provided or arranged by Adult Social Care. The amount of this charge will be taken out of the Direct Payment you receive, so you will need to pay the amount of your charge into the Direct Payments account so that there will be enough there to pay for the services you need.
How does Adult Social Care monitor whether the Direct Payment is being used for the right purpose?
Adult Social Care monitors this in two ways. In the first place, you will be expected to keep records of how the money is being spent and send in your Direct Payments bank account statement on a quarterly basis. If it is not clear what some of the Direct Payment was used for or if it appears not to be for a social care service, this may be queried with you.
Secondly, your care will be reviewed from time to time (at least once a year) in just the same way as it would be if you were receiving a service provided or arranged by Adult Social Care. At review Adult Social Care will check with you that all your needs are being met and that you are receiving the right amount of money for you to be able to arrange services to meet your needs.
Can Direct Payments be used for residential care?
Direct Payments cannot be used to purchase permanent residential care. However, they can be used to purchase short-term residential care such as respite care in some cases.
Can Direct Payments be used to buy services from the Council?
No. However, you can receive some services you need directly from the Council, or provided by other organisations but arranged by the Council, and receive a Direct Payment for you to arrange other services yourself.
What should I do if I want to receive Direct Payments?
Speak to your care manager or social worker and tell them that you would like to receive Direct Payments. Alternatively you can contact us using the details provided on the right.
How can I find out more about Direct Payments?
You can ask your social worker or you can contact us using the details provided on the right.
Alternatively, you can fill out our Direct Payments Online Enquiry Form.
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