Direct Payments: Frequently Asked Questions | Ask Lion

When you know you are eligible for social care support, there will be a range of social care services available to meet your needs. A direct payment is a method of paying for these social care services. Direct Payments can be used to buy services but they can also be used to employ your own Personal Assistant.

Below are some frequently asked questions and some useful links for further information. Please click on the heading to expand the information.

Who can receive direct payments?

They can be made to disabled people aged 16 or over, to people with parental responsibility for disabled children, and to carers aged 16 or over in respect of carer services

Most people in receipt of social services are eligible for a direct payment.

Including:

Older people;
People with physical and sensory disabilities;
People with learning disabilities;
People with mental health issues;
People with parental responsibility for a disabled child;
Carers who have been assessed as needing services.

How do I get a direct payment?

To be considered for a direct payment you have to have an assessment in the same way as you would for any social care service.

If you already have services from Social Services contact your social care worker or contact the Personalisation Hub to talk about Direct Payments.

If you have not had contact with Social Services before you will need to contact the Nottingham Health and Care Point and talk to an advisor who will initially discuss with you what areas of support you may have and if you are then eligible they will arrange for an assessment of your care and support needs.

What are the advantages of direct payments?

Direct payments allow people to have greater choice and control over their care arrangements.

They can employ their own staff or contract directly with an agency.

What do I need to consider?

You cannot normally use a direct payment to pay a close relative who lives at the same address as you.

Direct payments cannot be used to pay for permanent residential or nursing care.

You can receive a mixture of social services provision and direct payments e.g. a direct payment could be used to pay a helper to provide personal care each morning and then you could attend a day centre belonging to Social Services.

Direct Payments are not benefits and do not affect Social security payments or tax.

(The term direct payments is also used now by the Department of Works and Pensions for new ways of paying benefits and this can be confusing)

Direct Payments come from public funds and people receiving them have to keep detailed records and open a separate bank account just for the Direct Payment.

How to get help with direct payments?

The Personalisation Hub provides support to people wanting to receive or are receiving direct payments. We employ a team of Personalisation Officers and Personal Budget Officers to help with all aspects of direct payments:

Advice on how direct payments can increase independence;
Help with recruiting selecting and employing staff;
Managing your direct payments;
Information on insurance and health and safety issues;
Holiday calculations.

Employers information

Becoming an employer can sound a bit daunting and there is legislation that you will need to comply with.

Being an employer gives you lots of control over the way that you can manage your care support needs. For example, you decide what you want your employees to do and when you want them to work, but you are also responsible for your new staff and will need to manage them, ensuring that you meet your legal responsibilities.

Information on Insurance, Health & Safety and Employment News can be found on our links page.

Home employment insurance

For people employing personal assistants

These notes are provided as information only

Further information, proposals and specimen policy wording are available direct from Premier Insurance and Fish insurance.

Why do I need Home Employment Insurance?

If you employ a Personal Assistant, whether through direct payments, individual budgets or personal funds, then you need to have Home Employment Insurance. This protects you in case the person that you have employed is injured or ill while they are working for you and they seek compensation against you. You can be fined by the Health and Safety Executive if you do not have the right insurance in place as an employer.

If you are an employer, for example if you employ a Personal Assistant, you are required by law to have certain insurance cover in place.

Accidents can happen in a number of ways. For example the personal assistant may trip, fall, or be involved in a car accident. It could be that the personal assistant thinks you, as the employer, is to blame for this and may hold you responsible

How do I pay for the insurance?

The first premium is paid for by the Personalisation Hub and after that, it will be renewed annually for as long as you still require it.

Your direct payments are calculated to allow for the annual insurance costs within your Personal Budget.

Information on Insurance Providers

Premier Insurance
Premier House
Londonthorpe Road
Grantham
Lincs

NG31 9SN

01476 514478

enquiries@markbatesltd.com

https://markbatesltd.com/

Fish Insurance
3-4 Riversway Business Village
Navigation Way
Preston
PR2 2YP
0333 331 3770

admin@fishinsurance.co.uk

https://www.fishinsurance.co.uk/

Health and safety

It is your responsibility, as an employer, to make sure that you have a safe place to work in.

It is also the responsibility of your Personal Assistants not to do anything, which might cause you or themselves injury or harm.

This has been a difficult area and communication is the key to success in this area. There is a balance between safety for the personal assistant and getting your needs met.

You are the best expert about the safest way to assist you in moving your own self and this should be at the centre of whatever arrangements are in place between you and your Personal Assistant.

It’s essential to remember that employing personal assistants is about having the support you need to live your own life.

For further information contact the Health and Safety Executive Info line on 08701545 500.