A nominated person is someone who agrees to take on the full responsibility of a direct payment on behalf of a service user who has capacity to manage a direct payment but chooses to ask someone to manage this for them.
If the service user you are supporting lacks capacity to consent to receive a direct payment or lacks capacity to manage a direct payment then they are unable to 'nominate' you to assist them and you would need to be appointed by Gloucestershire County Council to be an 'authorised' person instead.
Please see the authorised person factsheet if this applies to you.
You cannot just become a nominated person - the service user you are supporting must agree to the arrangement and we have to be satisfied that:
- Direct payment will meet the service user's needs
- The conditions described in legislation and in our policy and procedures are met
- You are willing and able to take on the responsibilities of acting as the nominated person - this means receiving direct payments and arranging support for the service user. If you need help and support to do this, we recommend that you use one of the support services on our direct payment support services list. They can help you with managing the money, payroll services, recruiting and managing personal assistants, undertaking DBS checks, using an agency and other services.
- You will act in the service user's best interests
- Given all of the circumstances, it is appropriate to make direct payment to you
Your roles and responsibilities as the nominated person
- You will have to sign an agreement about how you will use direct payments. You agree to use direct payments only to arrange and pay for the services that we agree that the service user needs. You must abide by the terms of the agreement and are accountable for how you use direct payment.
- You must involve the service user as far as reasonably practicable and give them as much control and independence as possible over their care and support arrangements, make careful decisions on behalf of the service user and always act in their best interests.
- You must tell us about any difficulties or changes, including if you believe the service user changed their mind and wants to manage the direct payment themselves, or if you think that direct payments are not meeting their needs.
- Direct payment arrangements may involve legal responsibilities, especially if you are employing staff. You must ensure that you always act lawfully. You will be responsible for all costs of employment. You will find some information about becoming an employer in our becoming an employer guide. We recommend that you seek advice and support from one of the direct payment support services.
- You will find information about using an agency to supply staff in our using an agency factsheet. If you need help and support in choosing or dealing with an agency, we recommend that you seek advice and support from one of the direct payment support services.
- You cannot use direct payments to pay yourself or to employ the service user's husband, wife or partner. You cannot use direct payments to employ the service user's close family members*.There are very few exceptions to this rule. No exceptions can be made without our written permission.
- You must tell us if you decide that you no longer want to act as the nominated person so that we can arrange services for the service user.
Criminal record checks
- We strongly recommend that criminal records checks through the Disclosure and Barring Service (DBS) are undertaken for anyone employed to provide services to the Service User. The cost can be funded from the direct payments account. direct payment support services can do the check for you.
- If you use an agency, you should check that any staff supplied by the agency have had a satisfactory criminal records check.
Regardless of whether the person intending to administer the direct payment is the person who needs care or their authorised or nominated person, the council will ask the person to declare any convictions involving dishonesty.
Where a dishonesty conviction is declared, the council will assess whether or not it is appropriate for that person to administer the direct payment.
Further information
There is additional information in our:
Back to the managing your direct payments page
