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This Q&A appeared in Caring magazine November 2007. Caring is Carers UK's membership magazine.
What is a direct payment?
The local council give cash to a
disabled person to arrange their own care package. This is instead of
them receiving services provided by the council such as homecare or a
day centre place.
Who can get a direct payment?
Anyone who is assessed as
needing care services has the right to request them as a 'direct
payment' and in most cases your local council is obliged to offer the
option.
Do you have to have a direct payment?
You can say no! If the person you care for wants to continue getting services instead of money then it is their choice.
Will it make you an employer?
It depends. If the disabled
person (or someone on their behalf such as their carer) uses the money
to employ a care agency then they are not an employer. However if they
take on staff directly then, yes they will be classed as an employer.
What does being an employer entail?
As an employer you are
bound by all the laws that cover employment. You must have insurance,
pay at least the minimum wage, do the payroll and other things that
being an employer entails. However there is lots of support available
to help with this.
Are there restrictions on who you can employ?
Yes. The
money can't usually be used to employ a spouse, partner or a close
relative who lives in the same household as the disabled person.
However they can employ close relatives who live elsewhere.
What checks are there on how you spend the money?
If you
receive direct payments, you'll need to account for the money you
spend. Your local council will tell you what records need to be kept.
Information you may have to provide could include timesheets signed by
the workers or receipts for services from agencies.
Is it the same across the UK?
No. Although direct payments
are available everywhere the rules differ slightly in Scotland and
Northern Ireland from the rules in England and Wales.
Further help
Direct payments
The Department of Health have a booklet
called "A guide to receiving direct payments from your local council: A
route to independent living" (publication ref: 40475). To order a copy
telephone 08701 555 455, email dh@prolog.uk or download from www.direct.gov.uk/disabledpeople
National Centre for Independent Living
Information about direct payments and becoming an employer www.ncil.org.uk
Independent Living Fund
The Independent Living Fund
provides cash payments to disabled people aged 16 or over and who
qualify. These can be used alongside direct payments. For further
information visit www.ilf.org.uk or telephone 0845 601 8815
CarersLine
0808 808 7777. Advisers take calls on Wednesdays and Thursdays from 10am-12noon and 2-4pm. Answerphone service at other times.
