Since April 1997, your local authority social services has been able to make funds available for adult disabled people for their own care and support needs, instead of relying on the home help service or the use of day centres. This scheme is called Direct Payments, and the intention is to give disabled people more independence and choice in their care and support arrangements. Subsequently, the scheme was extended to include people over 65, people with parental responsibility for a disabled child, young adults and carers.

Local authorities must now to offer the option of Direct Payments for eligible people who are assessed as needing a community care service.

Through the assessment process, Social Services will determine how much money you need for the care package and also whether you can consent to and manage a direct payment scheme (with assistance if required). Changes introduced in England in November 2009 mean that if an individual lacks capacity to give consent to Direct Payments, the payments can be made to a suitable appointee acting on their behalf. This measure will also be introduced in Wales at a time yet to be agreed. Direct Payments can be used wholly or partially to meet your support needs. Depending on your financial circumstances, you may be asked to make a contribution towards the costs and the way this is determined could vary from one local authority area to another.

The scheme aims to give you greater independence and enable you to pay for personal assistants or an Agency of your choice to support your needs in a way that you choose.

There are some limitations on how direct payments can be used (e.g. paying a partner or relative who lives in the same household). In these cases, the local authority has the discretion to waive this restriction if it is satisfied that the person's needs for the relevant service can be satisfactorily met through a Direct Payment. Where the person is a child, the same restrictions may be waived in consideration of promoting the child's welfare. Direct Payments cannot be used for permanent residential care.

If by receiving direct payments you decide to employ staff, you will be expected to comply with the relevant employment laws.

You are accountable for your scheme, and the local authority will also periodically monitor that the money is being spent as agreed in your care plan. If the money is not being used properly, then payments could be withdrawn or require repaying.

Version 4.0

Version Date: November 2009

The Rowan Organisation - Supporting Independence Through Choice