Direct Payments Q&As

Are local authorities required to cover the cost of PPE for PA

Q: Are local authorities required to cover the cost of PPE for PAs funded by Direct Payments, if personal/incontinence care is in a care plan?  If so, are they responsible for ensuring costs cover the appropriate sized PPE (such as Large/XL gloves and aprons etc for male/larger PAs)? And if a service user has been […]

Are local authorities required to cover the cost of PPE for PA Read More »

Is it lawful when a council’s uplifted increase of a person’s twenty hours’ (assessed care needs) budget in April, means that it no longer covers the increase in employers’ NI contribution, SSP contingency, and employers’ pension contribution? Can they lawfully ask the person to reduce their hours to fit the budget?

For context, the council’s percentage increase was 1.7% It is CASCAIDr’s firm view that if a person has a budget or a direct payment for a given number of hours of service in response to assessed unmet eligible needs – and the council gives an uplift for the provider (budget) or the holder (direct payment)

Is it lawful when a council’s uplifted increase of a person’s twenty hours’ (assessed care needs) budget in April, means that it no longer covers the increase in employers’ NI contribution, SSP contingency, and employers’ pension contribution? Can they lawfully ask the person to reduce their hours to fit the budget? Read More »

Can a local authority insist you tell them who you are going to employ before they give you a direct payment – and then restrict your payments only to the person whose name you have given?

No, I don’t think that that would be regarded as a legitimate use of the information power that they DO have, or a reasonable condition. That’s my gut feeling, in terms of the public law tests – is it rational and is it lawful. The power to impose conditions and the power to demand information

Can a local authority insist you tell them who you are going to employ before they give you a direct payment – and then restrict your payments only to the person whose name you have given? Read More »

Can a welfare benefits appointee manage Direct Payments for a person lacking financial capacity?

Yes. A welfare benefits appointee may be authorised to run direct payments for a direct payment under the Care Act, or a personal health budget, (PHB). However, being a welfare benefits appointee does not automatically entitle or allow them to do so.Direct payments for an adult’s social services care (or their PHB for their health

Can a welfare benefits appointee manage Direct Payments for a person lacking financial capacity? Read More »

My partner gets a direct payment and needs support getting out of the house and into the community. He has been assessed for needing support to get out and about. He has a very important hospital appointment coming up soon for a biopsy, and he needs at least one PA to attend to assist him with his wheelchair transfers and also with communicating with the staff. We’ve been told by his social worker that we cannot use his direct payment to pay for this kind of support and if he needs help to attend health appointments, we have to get funding from the NHS. Is this true?

Yes. The distinction is between getting ready to go to a hospital appointment, which is social care, and getting TO and being supported at the hospital appointment which is not. There is case law to support that distinction being drawn. The council is unlikely to know where the justification for that line is, though, so

My partner gets a direct payment and needs support getting out of the house and into the community. He has been assessed for needing support to get out and about. He has a very important hospital appointment coming up soon for a biopsy, and he needs at least one PA to attend to assist him with his wheelchair transfers and also with communicating with the staff. We’ve been told by his social worker that we cannot use his direct payment to pay for this kind of support and if he needs help to attend health appointments, we have to get funding from the NHS. Is this true? Read More »

Do people need to have carers come into their home for a period of time (24/7 for 3 weeks) just to assess their needs in order for them to get a direct payment?

No council would be able to afford to have an assessor in a person’s home for 3 weeks, but councils often expect to ask to use technology – and it’s not unreasonable of them, since they are spending public money and do have to be satisfied as to needs. Obviously they can’t expect to put

Do people need to have carers come into their home for a period of time (24/7 for 3 weeks) just to assess their needs in order for them to get a direct payment? Read More »

Can a Local Authority legally cap the amount given per hour as a Direct Payment if agency support is desired and assessed as meeting needs, and that agency charges more than the Local Authority’s Direct Payment rate?

The answer is that the authority need only fund the direct payment to the level required to meet the needs. It will perhaps therefore be saying that it need only pay £x – because that’s the rate that it pays its contracted agency providers, on its own terms and conditions. You would be saying that that’s all

Can a Local Authority legally cap the amount given per hour as a Direct Payment if agency support is desired and assessed as meeting needs, and that agency charges more than the Local Authority’s Direct Payment rate? Read More »

I have had a direct payment for around 11 years. I am having difficulties paying the charges my LA want from me. I have gone from paying nothing to them wanting £121 a week. I cannot afford this amount of money; they have done a financial assessment and they say I can afford it.

That is because the application of the charging rules gives them the evidence that ‘entitles’ them to say this, if you leave it like that. You are entitled to a written statement and if you can’t understand the reason for the jump, you should not just leave it like that, and let the debt to

I have had a direct payment for around 11 years. I am having difficulties paying the charges my LA want from me. I have gone from paying nothing to them wanting £121 a week. I cannot afford this amount of money; they have done a financial assessment and they say I can afford it. Read More »

I made a complaint about my carer’s direct payment as, despite my needs increasing since the previous review and an agreement that my care package would include the increase, I was told that the DP would remain the same. Is this legally correct?

I asked for a copy of how the DP had been calculated as I had sent my own calculations showing there was no way I could reach the outcomes of the package on the DP allocated. I labelled the letter as a formal complaint and sent it to the complaints team at the LA. It

I made a complaint about my carer’s direct payment as, despite my needs increasing since the previous review and an agreement that my care package would include the increase, I was told that the DP would remain the same. Is this legally correct? Read More »

Can a Local Authority legally cap the amount given per hour as a Direct Payment if agency support is desired and assessed as meeting needs, and that agency charges more than the Local Authority’s Direct Payment rate?

The answer is that the authority need only fund the direct payment to the level defensibly required to meet the needs. It will perhaps therefore be saying that it need only pay £x – its justification being because that’s the rate that it pays its contracted agency providers, on its own terms and conditions. You would then

Can a Local Authority legally cap the amount given per hour as a Direct Payment if agency support is desired and assessed as meeting needs, and that agency charges more than the Local Authority’s Direct Payment rate? Read More »