ARRANGING SERVICES. It is your duty to ensure that you have services when you need them. You need to recognise that things can go wrong and be prepared for this by having back-up arrangements such as someone else who can provide support at short notice. A direct payment cannot normally be used to employ any partner (married, unmarried or in civil partnership) or any close relative living in the same household. Should you wish to purchase such services you must obtain the Council’s prior written permission before you make any such purchases. The Council will only give this permission where it is deemed as necessary and each case will be decided on its own merits. If you wish to use your direct payment to purchase personal care support from a care agency then the care provider must be registered with the Care Quality Commission who inspect the standards provided by agencies nationally. If you employ a personal assistant you need to ensure that tax and national insurance are paid and that you have employer’s liability insurance and third party liability insurance for employees. You will need to make provision for staff holidays and other leave such as sickness. As an employer you will need to enrol your personal assistant in a Pension Scheme. This is a new government scheme and is compulsory for all employers. You are also responsible for the health and safety of your staff. It is advisable that a check from the Disclosure and Barring Service (DBS, formerly Criminal Records Bureau check) is completed when you employ a personal assistant. Encompass LATC can advise you about your responsibilities as an employer. There is also information available from the Government’s Directgov website. If you arrange services that exceed the cost or scope of the services that are agreed within your support plan, you are responsible for the additional cost of these services.
ARRANGING SERVICES. The direct payment money can only be used to purchase support to meet your child’s needs as set out in the agreed support plan. Any changes will need to be agreed with your contact in the Council. It is your responsibility to ensure that you have the support service when you need them. You are strongly advised to have back-up arrangements such as someone else who can provide support at short notice. A direct payment cannot normally be used to employ any partner or any close relative living in the same household. If you wish to do this, you will need to discuss with your contact in the Council and get prior agreement. If you wish to use your personal budget to purchase personal care support from a care agency, then the care provider must be registered with the Care Quality Commission (CQC) who inspect the standards of care provided by agencies. If you employ a personal assistant, you need to ensure that tax and national insurance are paid and that you have employer’s liability insurance and third-party liability insurance for employees. You will need to make provision for staff holidays and other leave such as sickness. You are also responsible for the health and safety of your staff. Monitoring the direct payments You must maintain accurate financial records. These must be submitted when requested by the council; this will be at least annually but may be more often. When you receive the request from the council you must submit the information within one month. If you need support to maintain your financial records, you must speak to your contact in the Council. If you do not keep proper financial records your direct payments will be reviewed. We may request a third party manage your direct payment on your behalf or decide to withdraw the payment and offer you a commissioned service in order to meet your child’s needs. If you do not need your entire allocated direct payment, we will ask you to repay the unused amount to us and review your support plan. Reviewing the direct payment Your direct payments will be reviewed at the end of each year in April. If there is a change in your circumstances or if you would like a change to your support plan, you can request a review at any time.
