Being an Authorised Person for holding a direct payment or PHB for someone else’s benefit

Could you give a link to the Government legislation regarding Direct Payment Rates for paying Personal Assistants? Particularly regarding and how much (or little) lee-way individual councils have in saying how much carers can be paid?

Leave a Comment / Assessment and Eligibility, Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Carer Q&As, Difference between the Direct Payment/PHB function and contracts between the holder and the service provider/employee, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Discretionary charging for meeting a person's needs under the Care Act, Duties and Discretions, Professional judgment versus discretion in the context of duties and powers under the Care Act, Q&As on Direct Payments, Q&As on Informal Carers, Relevance of other agencies' duties for meeting need under s18 or s19 of the Care Act, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The law about the content of the Care Plan under the Care Act, The range of services or items on which a direct payment or PHB can lawfully be spent and those on which it cannot be spent, The range of services, items, facilities and responses able to be provided under the Care Act, The rights of carers, in relation to health and social care services and support, Universal duties to meet eligible unmet needs adequately and appropriately, Using a Direct Payment or PHB to pay Close Family Members in the same household, What it means to ask for a Direct Payment or PHB under the Care Act, the Mental Health Act and NHS Continuing Healthcare /

No, there is no such easy solution possible, we are sorry to say. ‘A link to the legislation’ would involve the Care Act, the Direct Payment regulations and employment law obligations – which are another part of the law altogether – but the real problem is that the question you ask is a nuanced question […]

Could you give a link to the Government legislation regarding Direct Payment Rates for paying Personal Assistants? Particularly regarding and how much (or little) lee-way individual councils have in saying how much carers can be paid? Read More »

When a person requires 2:1 support in the community, can one of them be a family member if no support worker is available?

Leave a Comment / Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Employing family members with a Direct Payment or health budget, Q&As on Care planning, Cuts, and Personal Budgets /

When a person requires 2:1 support in the community, can one of them be a family member if no support worker is available? Nobody can stop a person helping another person access the community, other than with an injunction from the Court of Protection. Or without a finding of contempt of Court if there’s a

When a person requires 2:1 support in the community, can one of them be a family member if no support worker is available? Read More »

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments?

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process requirements associated with Direct Payments and Health Budgets, How the Care Act fits in with the Mental Health Act (and s117 aftercare), How the Mental Capacity Act affects the Care Act, Mental Capacity and Best Interests Q&As, Mental Health Act Q&As, Paying for necessary goods and services, Q&As on Direct Payments, Q&As on Mental Capacity and Best Interests decision-making, Q&As on the Mental Health Act, Relevance of Mental Capacity to Care Planning, Relevance of mental incapacity for holding a Direct Payment or Health Budget 1, The relevance of Mental Capacity to hold a direct payment under the Care Act (or other legislation) /

Section 31 provides for direct payments as an optional way of using your budget after an assessment and care planning process, for those people who have sufficient capacity to request a direct payment, ie understand the essence of what it means, which is, in our view, taking charge of your own commissioning or employment arrangements

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments? Read More »

Disability discrimination

Leave a Comment / Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Historical, Historical Equality, Options for management of a Direct Payment or PHB and options for getting help to manage it, The legal issues when a Direct Payment/PHB cannot or will not be used (hospital stays, lockdown, holidays, etc), Using a Direct Payment or PHB to pay Close Family Members in the same household /

Originally, the approach to a prohibition on discrimination in England and Wales developed due to the UK’s membership of the European Economic Community, and as such centred very much on outlawing differential treatment on the basis of race and sex, in the economic area of employment and service provision. Over the last twenty years the

Disability discrimination Read More »