Direct Payments

AMENDMENT

In February 2022, this chapter was updated and should be read throughout.

1. What are Direct Payments?

A Direct Payment is money paid to suitable person usually the parent or carer up until a child reaches 18 who have a disability. The payment is made by the authority to enable them to buy in support that is assessed as being needed, instead of the authority providing that support through their own services. Direct Payments do not affect benefits.

Local authorities must offer the option of Direct Payments in place of services currently being received. The local authority must be satisfied that the person who receives the Direct Payment: is able to manage the Direct Payment either by themselves or with whatever help the authority thinks the applicant or nominated person will be able to access; will use them in an appropriate way to meet the needs in question and that they will act in the best interests of the child or young person.

Regulations governing the use of Direct Payments for special educational provision place a number of additional requirements on both local authorities and parents before a Direct Payment can be agreed. These include requirements to consider the impact on other service users and value for money and to seek agreement from educational establishments where a service funded by a Direct Payment is delivered on their premises.

Direct Payments for health require the agreement of a Care Plan between the Integrated Care Board and the recipient.

2. Who can get Direct Payments and How are they Accessed?

Those children up to the age of 18 who have been assessed as meeting the criteria for disabled children's services. The arrangements for Direct Payments will be assessed by either Early Help or Children's Social Care, alongside the use of the Short Breaks allocation tool which is completed with the family. Assessments and recommendations for direct payment are then shared with Short Breaks Panel by the lead professional. The panel meets on a fortnightly basis with the purpose of reviewing the needs of the family for a short break, and to make a decision regarding an appropriate package of support. Short break provisions are reviewed regularly through child in need meetings, early help meetings, EHCP or children in care reviews. Once a package of direct payment has been agreed by Short Breaks Panel and initial review is held at 3 months and then every 6 months. The panel members are from both Early Help and Children's Social Care.

3. How often are Direct Payments Made?

Direct Payments are paid on a 4 weekly cycle in advance, following on from the Short Breaks Panel that the child/young person has been discussed. Payments only begin once a Personal Assistant is identified and/or another Short Breaks provision has been identified. The council's preferred payment method is onto a pre-paid card. If the direct payment is assessed as being needed at key times e.g. school holidays, then payment will be made accordingly.

4. What can Direct Payments be Spent On?

To employ a personal assistant to do the following activities:

  • To take the young person/child into the community to access an activity, support inclusion, going to a club etc.
  • To work with the child directly within the home, to give parents and siblings a break;
  • To stay overnight to give respite to parents;

In addition, direct payments can also be used for the following:

  • Using an approved agency to provide direct care to meet your child/family's needs;
  • Holiday play schemes for your disabled child;
  • By agreement at short breaks panel for direct payments, any service which meets your assessed need for a short break;
  • Direct payments should not be used on any other activity unless expressly agreed via Short Breaks Panel.

5. Direct Payments cannot be Spent On

  • Employing someone without a Disclosure and Barring Service check, or someone subject to a drug or alcohol treatment requirement, youth rehabilitation order or released on licence;
  • Permanent residential accommodation, though they can be used for occasional short breaks, if the local authority agrees, for up to 120 days in any 12 month period. (Note: where two periods of short term care are 4 weeks or less apart, then the cumulative total of the stays should be added and not exceed 4 weeks if the stay is to be funded by Direct Payments).

6. What are the Benefits of Direct Payments?

Direct Payments allow parents and young people greater choice flexibility and control, to employ their own workers at times convenient to them and in the way they wish, to provide an individual service to meet their needs. Payments made do not affect welfare benefits.

7. Decisions not to Make Direct Payments

Where the local authority decides not to make Direct Payments it must inform in writing the child's parent/carer and/or the young person of its decision and reasons in a format that is accessible to them and in line with the Data Protection Act. It must also advise of their right to request a review of the decision.

8. Monitoring and Review of Direct Payments

The local authority must monitor and review the use of Direct Payments by the recipient at least once within the first 3 months of Direct Payments being made. As set out in the direct payment agreement recipients will be asked to provide proof of expenditure from the account and so must keep a copy of all invoices and receipts. In addition, a recipient may make a request for the local authority to review the making and use of Direct Payments and the local authority must then consider whether to carry out a review.

When carrying out a review, the local authority must consider whether:

  • It should continue to secure the agreed provision by means of Direct Payments;
  • The Direct Payments have been used effectively;
  • The amount of Direct Payments continues to be sufficient to secure the agreed provision;
  • The recipient has complied with their obligations on the use of the Direct Payment.

Following a review the local authority may:

  • Substitute the person receiving the Direct Payments with a nominee, the child's parent or the young person, as appropriate;
  • Increase, maintain or reduce the amount of Direct Payments;
  • Require the recipient to comply with either or both of the following conditions:
    • Not to secure a service from a particular person;
    • To provide such information as the local authority considers necessary.
  • Stop making Direct Payments.

If any changes are made to direct payments the recipient will receive notification of this decision. Where the local authority decides to reduce the amount of Direct Payments, it must provide reasonable notice to the recipient, and must set out in the notice the reasons for its decision. The recipient or parent/carer can request for the decision to be reconsidered, however the local authority is not required to undertake more than one reconsideration of a decision.

9. Repayment and Recovery of Direct Payments

The local authority may require the recipient to repay part or all of the direct payments, where:

  • The circumstances of the child or young person have changed in a manner which has an impact on the appropriateness of the agreed provision;
  • All or part of the Direct Payments have not been used to secure the agreed provision;
  • Theft, fraud or another offence may have occurred in connection with the Direct Payments;
  • The child or young person has died.

It must give notice in writing to the recipient, setting out the reasons for the decision, the amount to be repaid and a reasonable timescale within which the amount must be repaid.

The local authority must reconsider its decision where requested to do so by the recipient (but is not required to undertake more than one reconsideration of a decision). When conducting its reconsideration, the local authority must consider the representations made by the recipient (and where the recipient is a nominee, any representations made by the child's parent or young person) and must then provide written reasons of its decision following the reconsideration to the recipient (and to the child's parent or young person, where the recipient is a nominee).

The local authority may only seek repayment of any portion of the Direct Payments that has not already been spent on the agreed provision.

In addition, in line with the direct payment agreement the Local Authority will reclaim any accumulation of more than 10 weeks of direct payment funds within the account.

10. Ceasing Direct Payments

The local authority must stop making Direct Payments if:

  • The recipient has notified the local authority in writing that he or she no longer consents to receive the Direct Payments;
  • The recipient ceases to be a person to whom a Direct Payments may be made;
  • Following a review, it appears to the local authority that:
    • The recipient is not using the payment to secure the agreed provision;
    • The agreed provision can no longer be secured by means of Direct Payments.
  • At any point the local authority becomes aware that the making of Direct Payments is:
    • Having an adverse impact on other services which the local authority provides or arranges for children and young people with an Education, Health and Care Plan which the authority maintains; or
    • No longer compatible with the authority's efficient use of its resources.
  • It has taken reasonable steps to ascertain whether the young person consents to Direct Payments and the young person has not notified the local authority of their consent.

Where the local authority decides to stop making Direct Payments, the local authority must first give notice in writing to the recipient setting out the reasons for its decision.

The local authority must reconsider its decision where requested to do so by the recipient (but is not required to undertake more than one reconsideration of a decision). The Local Authority must then provide written reasons of its decision following the reconsideration to the recipient (and to the child's parent or young person, where the recipient is a nominee).