Your Direct Payments Questions Answered
Also look at our Buying services or employing a personal assistant page for more information on employment issues or visit our other Direct Payments pages.
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Questions
- Are Direct Payments new?
- Will I have to contribute any money?
- Will my Personal Assistant need a CRB check?
- How can I arrange cover when my Personal Assistant is on holiday?
- What do I do if I find I am having trouble with my Personal Assistant?
- What if I am already receiving social care services from the council?
- What if the council has assessed my needs before but has not arranged services for me?
- If I am entitled to social care services, am I automatically entitled to Direct Payments?
- If my local council offers me Direct Payments, can I refuse?
- What can I spend my Direct Payments on?
- Can I change my mind about receiving Direct Payments?
- Can I buy services from my local council?
- Can I purchase residential care with my Direct Payments?
- Can I get Direct Payments if I live in residential care?
- Can I use Direct Payments to employ my relatives?
- Can I change how I spend my Direct Payments?
Are Direct Payments new?
No, the Community Care Direct Payments Act came into force on 1 April 1997. The Act gave local authorities the power to offer cash payments to users of Community Care Services as an alternative to providing or arranging services. Social workers are now required to offer you the option of Direct Payments when discussing your care needs with you.
Will I have to contribute any money?
Durham County Council currently operates a charging policy. During the assessment process you'll be told if you'll need to make a regular financial contribution towards the cost of your care package and how much that will be. The same will apply to your Direct Payments. You will receive your regular payment (normally 4 weeks in advance), less your assessed contribution, which means that you'll be responsible for contributing that amount into your Direct Payments account to make up the difference. This is one of the conditions for you to receive your Direct Payments.
However, you may choose to have a ‘mixed package’ of care, (for example, some services to meet your assessed care needs can be arranged by Social Services and others can be secured by yourself through Direct Payments). In these circumstances the arrangements for the payment of your financial contribution will be discussed and agreed with you before you receive Direct Payments.
If you want to have services in addition to those identified in your care plan, or to pay the person you employ, or a service provider, more than you receive in your Direct Payments, then the extra cost involved will need to come from your own money.
Will my Personal Assistant need a CRB check?
You may feel (or you will be advised) that it would be in your best interests for any Personal Assistant you wish to employ to first undergo a police/criminal records bureau (CRB) check. While it is your responsibility to request such a check, it is the person you wish to employ who must apply for their own check. There is a cost involved and the Direct Payments Support Team will advise you about this and assist with the actual process.
If you employ a Personal Assistant through an agency, it's likely that such checks will have been carried out already by the agency – you should ask the agency you are dealing with about this.
How can I arrange cover when my Personal Assistant is on holiday?
Your personal assistant is legally entitled to 4 weeks paid holiday per year. If they don't take their holidays they don't get paid for the ones they haven’t taken. There will therefore be times when you need to have cover. If you have Direct Payments it is normally your responsibility to provide this yourself and you therefore may want to have a ‘back up’ worker set up for these times. They would also need to have a contract of employment and be registered with the Inland Revenue and they'd be covered by your existing insurance as it covers up to 5 different people working for you.
You may alternatively want to buy your care from an agency for these times and you'll be given agency details from the Direct Payments Support Team. However, in an emergency, if you find you can't arrange cover, you'll need to contact your social worker or care co-ordinator via the Social Care Direct Team on tel: 0845 8505010.
What do I do if I find I am having trouble with my Personal Assistant?
Your Personal Assistant will have an employment contract and a job description which sets out what is expected from them. Read our Buying services or employing a personal assistant pages for more information.
If you find that they are behaving in a way which concerns you or treating you or your home or family in a way which is not appropriate you must let them know straight away and give them the opportunity to put their side of the story. You must also make a record of the incident.
If however their behaviour does not improve, you may want to formally give them a warning. Again you must act straight away and be reasonable in your behaviour. Talk to the employee and explain what you are unhappy about and record the discussion, giving your Personal Assistant a copy of the record.
What if I'm already receiving social care services from the council?
The majority of people who get social services from the council have a right to receive Direct Payments. Your local council is obliged to offer you Direct Payments in place of the services you currently receive.
What if the council has assessed my needs before but has not arranged services for me?
If the council concluded that you did not need social care services, then it will not offer you Direct Payments. If you think your needs or circumstances have now changed, ask for a new assessment. If the council offered you services but you turned down what they offered, Direct Payments may be an alternative.
If I am entitled to social care services, am I automatically entitled to Direct Payments?
Yes, most people who get social services have a right to Direct Payments. There are some limited circumstances where Direct Payments are not given.
If my local council offers me Direct Payments, can I refuse?
Yes. Everyone should have the opportunity to refuse Direct Payments if they prefer to receive services arranged by the council. There are pros and cons to Direct Payments. Clearly they offer much more flexibility, but managing them is also a responsibility. If you get Direct Payments, then it is your responsibility to arrange the services you need, to sort out any problems with the service and to account for the way you use the money, but you will get help and support to do this. If you use the money to employ your own staff, you will have the legal responsibilities of an employer.
What can I spend my Direct Payments on?
The money is for you to use to arrange the services (including equipment) which you have been assessed needing. We will clarify what the money can and can't be spent on.
You'll need to discuss with us how you intend to use your Direct Payments to arrange services. If you prefer to receive local council services to meet some of your needs, we may agree to offer you a combination of Direct Payments and services.
Can I change my mind about receiving Direct Payments?
If you accept Direct Payments, you can change your mind at any time. You will need to contact us to ask us to stop making Direct Payments and arrange services instead.
Can I buy services from my local council?
Currently you cannot buy services from the council as we are not allowed to sell its services in this way. However, the Government is considering giving wider powers to local authorities to charge for discretionary services and to provide goods and services to others. Such wider powers might enable Direct Payment users to purchase some services from the council. Ask us about the current situation.
Can I purchase residential care with my Direct Payments?
Direct Payments are intended to support adults in independent living, so you cannot use them to pay for permanent residential accommodation. You may be able to use Direct Payments to secure occasional short periods in residential accommodation, if we agree that is what is needed.
Can I get Direct Payments if I live in residential care?
Direct Payments are not intended to support residential care. This is the reason for the restriction on their use in residential care. However, the regulations which permit Direct Payments to be used to purchase occasional short periods in residential care may also be used to enable people who are living in residential care to have temporary access to Direct Payments. This will enable them to try out independent living arrangements before deciding to move out of residential care.
Can I use Direct Payments to employ my relatives?
Direct Payments are not intended to replace existing support networks within families and communities. For this reason, you may not normally use Direct Payments to secure a service from your spouse or partner or a close relative that you live with.
Can I change how I spend my Direct Payments?
We’ll discuss with you the amount of flexibility you have in how you spend your Direct Payments. You need to know what changes to the way you spend the money you have to agree with the council in advance, and what changes you can make without asking.
