The starting point is to get a ‘carer’s assessment’. If you are caring for someone on a ‘regular and substantial’ basis you have the right in law to ask social services to carry out this type of assessment. A carer’s assessment should be a full discussion of your own needs as far as education, training and work are concerned as well as any health problems or other commitments that you have.
The outcome of the assessment should be made known to you and, if you are offered services, you should have the option of choosing between services arranged directly for you or receiving a direct payment to purchase your own services.
Where can I find out more about carer’s assessments?
Telephone CarersLine on 0808 808 7777 to speak to an adviser. You could also get advice from your local carer’s centre. To find a centre in your area click here.
Is a financial assessment carried out for direct payments?
The local authority has the power to make a charge whenever services are provided, either directly or by direct payment. Some local authorities do not make any charges for carers’ services. If they do, the financial assessment will be carried out under guidelines called ‘Fairer Charging Policies for Home Care and other non residential services.’
- As a carer the rule is that only your own resources are relevant when it comes to assessing your own direct payments, not the resources of the person for whom you are caring.
- Unusually, any paid earnings you have will not be taken into account. The guidelines explain that they should be disregarded in order to ensure that carers, who wish to do so, are able to enter and progress in work.
- If you have a partner your share of joint savings will be taken into account as well as any resources to which you have a legal entitlement. Your partner’s paid earnings should be disregarded.
- The guidance also explains how income from benefits should be treated. Local authorities can include Carer’s Allowance in the charging assessment but are not obliged to do so.
- When calculating your resources the guidance says that councils should take account of certain costs you may have incurred because you are caring for somebody. These include the cost of privately purchasing care where you need a short break or where the care is needed to enable you to maintain employment or fulfil your obligations as a parent. Other costs that can be taken into account include adaptations to your home (where the disabled person comes to live with you), additional transport or other costs such as extra laundry and cleaning.
I have been refused a direct payment – what can I do about it?
Despite government guidance about the important role direct payments can play in improving the quality of life of carers, some local authority staff are still slow to implement them or fail to realise they have the power to use them in innovative ways. Some carers have been told that ‘we only give direct payments so you can pay care workers’ or ‘you can’t have one for a mobile telephone, yoga class etc’. If this is your experience, we have the following suggestions:
- Explain again to your social worker just how important the direct payment would be for you. The art class or help with taxi fares may be vital to you to prevent your health deteriorating or your morale falling. It could be a very cost effective way for the local authority to help you carry on looking after the person you care for.
- It is usually best to put this in writing and if you need any help with this, contact your local carers centre, advocacy service or CarersLine on 0808 808 7777 to be signposted to local help.
- If you cannot resolve the matter within a reasonable period of time you may want to make a formal complaint, using the social services statutory complaints process.
- If that is unsuccessful it may be possible to appeal further to the Local Government Ombudsman.
- For further information about the complaints system see our information on complaints.
Tips for negotiating a direct payment
- Look at your local authority’s website, or ask for printed information about the services they provide (including the local authority’s charter ‘Better Care, Higher Standards’) and see what it has to say about direct payments for carers. This may help you to persuade your own social worker that they are available in your area and should be used flexibly.
- Find out if you can from others what direct payments they have been awarded - your local carers centre would be a useful starting place.
- Find out what ‘star rating’ your local authority has been awarded. Performance indicators include the support local authorities provide for carers, so if the rating is low you may want to argue that better awareness or training about direct payments is needed for professional staff. Information about your local authority’s star rating is available from the Commission for Social Care Inspection (CSCI).
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