Direct Payments

'Direct Payments' are an opportunity for you to arrange your own care services rather than Social Services arranging them on your behalf. The aim of this is to give you more choice, control and flexibility over your life and your care.
In order to receive Direct Payments, you must be aged 16 or over with a disability and have had your needs assessed and agreed as eligible by social services. You must also have the capacity to consent to a Direct Payment and be able to manage your one either alone or with assistance.
A carer cannot apply for, 'Direct Payments' on your behalf but can with your express permission, assist you to manage them. They can also apply for a 'Carer direct payment' to help them with the costs of caring
'Direct Payments' are not classed as additional income, and therefore they do not have any tax implications and are not taken into consideration when applying for benefits.
Ongoing 'Direct Payments' are paid directly into a bank account that needs to be set up specifically for that purpose. One off payments can be paid by cheque in certain circumstances.
You will need to keep suitable records for the council, of what you have spent your 'Direct Payments' on.

What can I use my 'Direct Payments' for?

You are able to spend the 'Direct Payment' money on any services or equipment you choose as long as they meet your assessed care needs.
You can purchase services from any local agency or provider, or you can employ someone directly, including friends and family members to provide your care as long as they are not your spouse or civil partner or a close relative living in the same house as you. The exception to this is if you recruit someone specifically to be a live in carer.
If you do decide to directly employ someone to care for you, then you will need to be aware of your responsibilities as an employer. Alternatively if you pay for services provided through an agency then they remain the employer.

What you can't use your 'Direct Payments' for?

You can't use your direct payments to pay for permanent residential care, as Social services can generally negotiate a better rate for residential care. However you can purchase occasional respite care with your 'Direct Payment' money.

What do I need to know about employing my own staff?

If you decide to employ someone/ people directly you become their employer, and employers have certain responsibilities:

• You must provide an employee with a written statement of the main employment particulars such as; their pay, holiday entitlement, notice period and disciplinary procedures.
• You must arrange to pay their Tax and National Insurance contributions.
• You will need to have provision for when an employee is sick for more than 4 days, they will be entitled to statutory sick pay from you.
• Your employee/s has certain rights if she becomes pregnant, for example time off for ante natal care and statutory maternity pay.
• Employer's liability insurance and public liability insurance may be required to protect the employee/s against injury.
• You will be responsible for the health and Safety of your employee/s.

All this may sound very daunting, but don't let it put you off, if you feel that employing someone directly is the right choice for you. Surrey Independent Living Council (www. surreyilc.org.uk or 01483 458 111) has services available to support you and to ensure you are able to succeed in purchasing your care in this way. Other services are available to offer more specific support such as:

• Inland Revenue's New Employer's Helpline (0845 60 70 143).
• Health and Safety Executive Info line (0870 1 545500)
• Disability Rights Commission helpline (08457 622 633)
• People first - Self Advocacy service for people with learning disabilities (0207 820 6655)
• SID - Social Information on Disability (0800 04 39 39 5)