Steps to receiving Direct Payments

The first step towards receiving a Direct Payment is to have an assessment of your social care needs. This will be undertaken by a social worker from the Local Authority. An assessment is a discussion with you about your needs and involves gathering information from people who know you well e.g. your GP, carers or community nurse. Throughout your assessment, you will have the opportunity to have your say.

1. Initial Steps:

• Step 1 - Referral  
• Step 2 - Assessment  
• Step 3 - Financial Assessment and Care Planning
• Step 4 - Payment  
• Step 5 - Direct Payments Letter of Agreement  
• Step 6 - Monitoring and Review
• Step 7 - Financial Monitoring Audit  

2. Direct Payment Rates

On an annual basis, the council sets a fixed hourly rate for Direct Payments. This rate is reviewed on an annual basis. The Direct Payments rate includes the associated costs that are necessarily incurred in securing provision, without which the service could not be provided, or could not lawfully be secured. The associated costs will vary depending on the way the person secures the service concerned. Examples of associated costs include recruitment expenses; National Insurance and tax liabilities; statutory holiday pay; employer’s liability insurance; and VAT.

The council also sets other rates for the costs of services, such as the banding rate the cost of residential and nursing care. These bandings will also be applied when calculating the rate of Direct Payments to be provided as an alternative to the equivalent service.

The council must ensure that the services purchased using Direct

Payments cost no more than if the council provided the service directly. The council will ensure that the level of Direct Payment is sufficient to secure the reasonable costs of the care the person is assessed as needing. In addition to this, the council is not obliged to fund the particular costs associated with the individual’s preferred method of securing it or indeed the service can be purchased more cost effectively (but still to the required standard) in another way.

For Direct Payments provided for the care of a child or children, ordinary child care costs may be taken into account when deciding the level of Direct Payment. Parents are also encouraged to claim working and child tax credits where applicable.

3. Independent Living Fund

If you are receiving Direct Payments, you may be eligible for further funding from the Independent Living Fund (ILF). The ILF was originally introduced to provide financial support to disabled people to enable them to live in their own homes in the community rather than in residential care. There are specific criteria that set out eligibility for ILF. Further information about ILF can be obtained from:

Further information about ILF can be obtained from:

Independent Living Fund
PO Box 183
Nottingham
NG8 3RD

Tel: 0845 601 8815
Fax: 0115 929 3156
E-mail: funds@ilf.org.uk
Website: www.ilf.org.uk

If it appears that you may be eligible for ILF funding, your social worker will support you to make an application.

4. When Difficulties Arise

Remember

If you are receiving Direct Payments, the council cannot be held responsible for the services you purchase with your Direct Payments.

You are responsible for the arrangements made by contracting with the service or employing individuals to meet your needs. As a result, you are responsible for the decisions you make when using Direct Payments. You can expect information, advice and support from Penderels Trust with all aspects of employing personal assistants. This will include advice and support on how to be a responsible and good employer.

If you employ your own staff, it should be noted that the Local Authority will not make any payments in connection with any claims that an employee might bring e.g. for injury at work, unfair dismissal, redundancy, etc

When Difficulties Arise

An important aspect to consider when planning Direct Payments is to identify any potential areas of difficulty and to plan for any unexpected emergencies. This should include planning the arrangements that can be made to ensure that you receive the assistance you need when your usual arrangements break down, such as through a period of sickness for your personal assistant.

Examples of such ‘contingency arrangements’ could be recruiting personal assistants who are prepared to work additional shifts at short notice, as and when required, or to make contact with independent care agencies to make arrangements for emergency cover.

Penderels Trust, will assist you to plan for contingencies. This should be done at the outset of planning your arrangements for Direct Payments.

You should be aware that you should contact the council when you require emergency assistance. The council will assist you to explore alternative arrangements and may provide services directly until you are able to once more make your arrangements through Direct Payments.

5. Discontinuing Direct Payments

A person receiving Direct Payments can decide at any time that they no longer wish to continue with Direct Payments.

The council can also cease making Direct Payments if the person is assessed as no longer being eligible to receive social care services.

Direct Payments may also cease if the person is assessed as being no longer capable of managing Direct Payments, with or without support. However, Direct Payments may continue if the difficulties being experienced are considered as temporary or that there is someone else who is prepared to accept and manage the payments on behalf of the person.

The council may suspend the Direct Payment if the service user goes into hospital or is otherwise temporarily unable to receive this type of support. Where a service user is in hospital, the Direct Payment will not generally be suspended for the first 10 weeks of the hospital stay. If a hospital stay extends beyond the 10-week period, payments will be suspended pending further reassessment and review.

The council will cease making payments if it is not satisfied that the person’s assessed needs can be met by using Direct Payments or if the arrangements are not safeguarding or promoting the welfare of the child, young person or vulnerable adult.

Direct Payments may also be withdrawn if the person fails to co-operate with a condition to which Direct payments are subject, for example that the payments have not been used to obtain services that the service user is assessed as needing or that the council has reasonable reason to suspect that further payments may be misspent.

In the first instance, the council will work with the person to negotiate specific actions to be taken to prevent future misuse and will plan for how their needs can more appropriately be met in the future. Where Direct Payments have been misspent, through the audit process, the council will identify the funding that should be returned either to the person’s Direct Payments account or to the council directly. Written notification of any requirement to return Direct Payments monies will be issued to the service user or their representatives. Such situations may also be referred to the council’s legal services to invoke the debt recovery process.

The council may end the agreement with immediate effect if it is found that the Direct Payment is being used illegally or not in the person’s best interests.

The Direct Payment agreement can be ended by either the person or the council by giving 4 weeks notice (in writing) to the other party.

6. What to do if you are not satisfied

If you are not satisfied with a decision made by the council relating to whether you are eligible for Direct Payments; about the level of payments being offered; about any aspect of the administration of the Direct Payments service; or about a decision to withdraw or discontinue Direct Payments, you can complain to the council using the Compliments, Comments and Complaints Procedure.

Further information can be obtained from:

Customer Relations Unit
Corporate Services Directorate
Worcestershire County Council
County Hall
Spetchley Road
Worcester
WR5 2NP

Adults Services - 01905 766 365

Children’s Services – 01905 766 366