What are direct payments?
The Carers and Disabled Children Act 2000 introduced some changes to the way services for disabled children and their families could be arranged. From 8 April 2003 the council has been able to offer some people cash to pay for services instead of arranging social care services on their behalf. When a council gives someone money in this way, it is known as a direct payment.
People who get this money must use it to arrange services to meet their child’s and family’s assessed needs. It is not extra income and they cannot spend it as they choose.
What are the advantages and disadvantages of direct payments?
People can decide how their needs will be met, by whom and at what time. When they use direct payments, they may be able to arrange more flexible services that can be tailored to suit their individual needs.
Direct payments carry with them responsibilities. Users of the payments will be responsible for managing the money and the support they buy with it, with help if necessary. If a direct payment user chooses to employ their own staff to help them support and care for their child, they will have the task of recruiting suitable staff. They will have to make sure they fulfil the legal requirements of responsible employers.
Who can be given direct payments?
To receive a payment you must be:
- A disabled young person aged 16 or older
- The carer of a disabled adult
- The parent/carer (person with parental responsibility) of a disabled child up to 18 years old
- Assessed as needing services
- Able and willing to manage the payment, either alone or with help.
Finally, everyone who wants to arrange their own care using direct payments must be willing to sign an agreement to follow the council's regulations about their use.
How much are direct payments, how are they made and on what can they be spent?
The amount of money that can be paid to people depends on:
- The amount of care needed
- Hourly payment rates set by the council.
Direct payments are paid to people every four weeks, in advance. They go directly into a separate bank account that must be set up especially for the payments. The money must be spent to buy the care that the council has agreed to fund following a community care assessment.
Direct payments can be used either to employ staff to meet the user's care needs or to buy care from sources such as private care agencies. They can't be used to buy services from the council.
Direct payments are not for buying any other goods or services. They cannot be used for ordinary daily living expenses such as food. We carry out regular checks to ensure the payments are managed properly. The council can stop the payments if they are being mismanaged or misused.
What help can I get to manage direct payments?
Direct payments users can get help in arranging and managing their care and support from appropriate relatives or friends. Within North Lincolnshire there is also an organisation called Crossroads Caring for Carers, South Humber Ltd. It provides independent advice and support to direct payments users. Crossroads are available to talk to people considering having their services arranged through direct payments. They can also help with the practical tasks of:
- Staff recruitment
- Job descriptions and contracts
- Payroll services
- Record keeping.
Will they affect my benefit entitlement or the tax I have to pay?
Direct payments do not affect the benefit entitlement or tax position of people who receive them. This is because direct payments do not form any part of their ordinary income. They are separate funds provided to buy the care and support services they have been assessed as needing.
Who can I employ using direct payments?
People who have a direct payment can decide themselves who they want to employ to assist them with their care, providing they are eligible to work. However, you are only able to pay for services from the gollowing people in exceptional circumstances:
- A spouse (husband or wife)
- A partner ( the other member of an unmarried couple with whom they live)
- A close relative (or their spouse or partner) who live in the same household as the person who receives the direct payments.
The council strongly advise direct payments users to ensure that all their employers have had a Criminal Records Bureau check (CRB). This is because the council has a duty to promote and safeguard the welfare of all children.
How can I get more information?
More information is available in the council’s ‘Users Guide to Direct Payments’ for Children and Families, which is available from Children's Social Services Teams.
Further detailed information is available in ‘A Parent’s Guide to Direct Payments’ published by Department of Health – this is available free from any Children's Social Services Teams or Kaleidoscope Resource Centre for disabled children and their families – ( please see below for the address)
For further information you can contact:
Crossroads Caring for Carers, South Humber Ltd.
Brumby Resource Centre
East Common Lane
Scunthorpe
North Lincolnshire
Tel: 01724 298331
Kaleidoscope Resource Centre for disabled children and their families
Dunstall Street
Scunthorpe
North Lincolnshire
Tel: 01724 277766.
North Lincolnshire Children's Services
1-3, Cliff Gardens
Scunthorpe
North Lincolnshire
Tel: 01724 296500
Further detailed information is available in 'Everything you need to know about getting and using direct payments.' This publication is available free to people with disabilities from:
The National Centre for Independent Living
250 Kennington Lane
London
SE11 5RD
Tel: 020 7587 1663
Fax: 020 7582 2469
Minicom: 020 7587 1177
Other useful sources of information are listed in that publication.
Or contact your Local Link office.
For independent help, advice and support, look on the internet, through Yellow Pages, or other listings to find out what companies and agencies are in your area.