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

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 »

Which services may come under the heading of ‘non-care’

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Duties and Discretions, Q&As on Care planning, Cuts, and Personal Budgets, 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 regulations give examples here, but they are only examples, so nobody can be sure what the policy is supposed to be here. “non-care related support” includes support which consists of services or activities such as the provision of meals on wheels, shopping or transport services or recreational activities.” Is it non-hands-ON care, for instance?

Which services may come under the heading of ‘non-care’ Read More »

Is it possible for an unpaid carer to claim costs for the time spend in administering the financial affairs of the cared for person – such as preparing DRE evidence?

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Direct Payments and Personal Health Budgets, Disability Related Expenditure, DRE Q&As, Intro to Ombudsman reports RE disability related expenditure, Q&As on Disability Related Expenditure, 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, Using a Direct Payment or PHB to pay Close Family Members in the same household /

The only costs an unpaid carer that can be ‘claimed’ (ie asked for)  are the costs of administering the person’s direct payment under this regulation here, Conditions which must apply to the making of direct payments  3.—(1) Direct payments must be made subject to the condition that they must not be used to pay any

Is it possible for an unpaid carer to claim costs for the time spend in administering the financial affairs of the cared for person – such as preparing DRE evidence? Read More »

RW v Royal Borough of Windsor and Maidenhead [2023] EWHC 1449 (Admin)

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Direct Payments and Personal Health Budgets, Disability Related Expenditure, Misuse of a Direct Payment or PHB (and recovery of the money), 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 /

RW v Royal Borough of Windsor and Maidenhead [2023] EWHC 1449 (Admin) 7 June 2023 RW is now in his twenties, living with a diagnosis of Autistic Spectrum Disorder (“ASD”), a term that includes autism. His disability has an impact on many areas of his life, including his ability to function in the community, form

RW v Royal Borough of Windsor and Maidenhead [2023] EWHC 1449 (Admin) Read More »

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances?

1 Comment / Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging for transport provided or allowing a disregard from income for transport privately provided, Direct Payments and Personal Health Budgets, Due process in eligibility decision-making under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Fairness and due process in the context of care planning, Human Rights obligations related to publicly funded care through private companies, Involvement and advocacy rights for a Care Act revision process, Issues of importance to social care service providers, Options for challenging the legitimacy of the Care Plan (content or value), Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, Social Inclusion, Leisure and Recreational Services, The council's review of a Direct Payment Plan and Use of the Money, 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, Top ups and Additional Payments, Transport to services in a care plan /

There is no clear answer to this question.  Firstly it depends on the care plan – because if it’s in there, it must be funded.  Secondly, self employed PAs would decide what to invoice for and it would be part of their fee, and their own expenses deduction from their income.  Employed PAs are either

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances? Read More »

How much flexibility is there with Direct Payments?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Misuse of a Direct Payment or PHB (and recovery of the money), Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs, The council's review of a Direct Payment Plan and Use of the Money, 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 /

There is flexibility as to the timing and manner of the response to the need, and as to the identity of the business or worker who provides the care and support – but not much more than that. That is because the budget one is given to spend, must, in legal terms, rationally relate back

How much flexibility is there with Direct Payments? Read More »

Should a person be charged for their home care when in a residential care, respite setting?

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Charging and Financial Assessment Q&As, Direct Payments and Personal Health Budgets, Discretionary charging for meeting a person's needs under the Care Act, Discretionary disregard of the person's home in the context of charging for care in a care home, Duties and Discretions, Q&As on Charging and Financial Assessment, The legal issues when a Direct Payment/PHB cannot or will not be used (hospital stays, lockdown, holidays, etc), 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 /

We think that were it to happen over the same period, it could be regarded as equating to double charging. There are two forms of charging rules. One takes account of a person’s main home (the value of their share in the property), the other (for those having care in a non care home setting)

Should a person be charged for their home care when in a residential care, respite setting? Read More »

Do you always need to be reassessed if you wish to use a pre-exisiting care package/budget differently, just to better meet needs, not because there’s been a change in them?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Article 5 the right to liberty, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Discretionary charging for meeting a person's needs under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Duties and Discretions, Fairness and due process in the context of care planning, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Human Rights principles relevant to care or support plan revisions, Legality, unlawfulness and error of law in the context of care planning, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Public law principles relevant to care or support plan revisions, Q&As on Care planning, Cuts, and Personal Budgets, Rationality and relevant considerations, in the context of care planning, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), 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 /

It depends on how specific your original care or support plan was in the first place, and the direct payments practice/policies of your council. The more specific, the more INPUT/task/service based the care or support plan was, the less flexibility you were given. The more OUTCOMES based it was, the more flexibility you were given,

Do you always need to be reassessed if you wish to use a pre-exisiting care package/budget differently, just to better meet needs, not because there’s been a change in them? Read More »

Is it lawful for a Council to say they won’t pay for gym membership to meet need?

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Complaints System and the Ombudsmen, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Disability Related Expenditure, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Judicial Review, Local Authorities’ Monitoring Officer, Personal Health Budgets differentiated from Direct Payments, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Social Inclusion, Leisure and Recreational Services, The duty to promote Wellbeing under the Care Act, The legal framework for assertion of rights to leisure, recreation and holidays, 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 /

It all depends on their reasons given.  a) A need for nutrition and hydration couldn’t logically be met by a gym membership.  b) A community gym which is accessible for free to anyone with a particular disability status, would not have to be paid for, thus the whole cost of a different preferred gym could

Is it lawful for a Council to say they won’t pay for gym membership to meet need? Read More »

Is paying a PA a flat rate for a night shift instead of an hourly rate lawful?

Leave a Comment / Care Planning, Budgets and Choice Rights, 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, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning, Public law principles relevant to non-commissioned services, Q&As on Direct Payments, 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 /

Yes, it is lawful if the person is allowed to sleep at the place of work, because the National Minimum Wage does not have to be paid for that sort of role. See Mencap and commentaries upon that case.

Is paying a PA a flat rate for a night shift instead of an hourly rate lawful? Read More »