Direct payments allow a person who has been assessed as needing particular services to receive cash to arrange and pay for those services. You can have a combination of some services provided directly by social services and others arranged by yourself with direct payments. Direct payments may give you more control over the way your care needs are met.
Direct payments can be used to purchase any services which meet your assessed needs. Direct payments cannot be used, however, to purchase care in a care home, apart from periods up to a maximum of 4 weeks (120 days for children) in any one year. Separate periods in a care home of less than 4 weeks are added together towards the maximum only if you are at home for 28 days or less in between.
To get a direct payment you must be one of the following:
You must also be aged 16 or over and assessed as needing community care services or services as a carer. You must be willing to have and be able to consent to having direct payments and be able to manage these payments (alone or with assistance). You cannot be forced to have direct payments
If you have assistance with managing direct payments you still have the final responsibility for how the money is spent. You must not be subject to certain mental health or criminal justice legislation.
You are eligible to receive direct payments if you have been assessed as needing personal social services. This includes carers.
In Scotland, a local authority social services department must offer direct payments for certain services to all eligible people. Eligible people include:
Carers do not receive services in their own right so cannot get direct payments.
The same rules apply as in England, except that the categories of people eligible for direct payments was extended to include everyone aged 18-64 in receipt of community care services. This includes carers assessed as needing services as a carer.
In England, Northern Ireland and Wales, direct payments cannot normally be used to pay for services from your spouse, civil partner, close relative or anyone living in your household, unless the person was specifically recruited to be a live-in employee (other than in exceptional circumstances agreed with the council). You can use your direct payment to employ a relative if they are not living with you. You cannot use a direct payment to purchase services from the local authority.
In Scotland direct payments normally cannot be used to pay for the services of spouses, partners or close relatives, or, people in the same household, although in exceptional circumstances a local authority can make direct payments to employ relatives who live in the same household, where the authority is ‘satisfied that securing the service from such a person is necessary to meet the beneficiary’s need for that service’. You can, however, use your direct payment to employ a relative who is not living with you. You can also use direct payments to purchase services from the local authority.
Local authorities must make direct payments at a rate equal to their estimate of the reasonable cost of the service to meet your assessed needs and fulfil your legal obligations if you employ your carer/s (eg national insurance payments, employers’ liability insurance, holiday and sick pay). If you choose a more expensive way to meet your assessed needs than is ‘reasonable’, you will have to pay the extra cost yourself. Payments made will not affect your benefits.
You may be asked to contribute towards the cost of your care. The amount of your contribution will be calculated using the same charging rules as for care arranged by the local authority (see Factsheet F3 - charging for community care). You will either be paid your direct payment net (with the charge taken off) or gross (where you pay the amount you are assessed to pay in the same way as if you were getting a service).
If you are unhappy with the amount of payment you are offered or any other aspect of the direct payment, you should use the complaints procedure (see Factsheet F6 - community and residential care - complaining about assessments or charges).
You can find out more information about direct payments in Disability Alliance's Disability Rights Handbook at www.disabilityalliance.org/drh33.htm.
Information on direct payments is also available on the Department of Health website.
You can obtain copies of our factsheets, or order our publications, by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
April 2008
