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Adult with capacity
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An adult who has the mental capacity to make decisions about direct payments
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Adult without capacity
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An adult who does not have the mental capacity to make decisions about direct payments. The Council will assume that people are able to make their own decisions about direct payments until we have established that they cannot. We will follow the Mental Capacity Act (MCA) Policy | Gloucestershire County Council where capacity is in doubt.
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Authorised person
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Someone who is authorised under the MCA to make personal welfare decisions about an adult without capacity, i.e. someone who:
- Holds a lasting power of attorney given to them by the adult before they lost capacity, or
- Was appointed as a deputy for the adult by the Court of Protection under section 16 of the MCA.
Where the person making the request for direct payments on behalf of an adult without capacity is not authorised to make personal welfare decisions as described above, the Council and any person who is authorised to make personal welfare decisions must agree that the person making the request is a suitable person to act as the authorised person.
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Carer
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A carer is someone of any age who provides practical or emotional support to / looks after a family member, partner or friend who needs help because of frailty, physical or mental illness, or disability. This does not usually include people who are paid, employed or volunteer to act as carers.
The term ‘carer’ in this policy means an adult caring for another adult.
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Close family member
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Someone who lives in the same household as the adult who is the adult’s:
- Parent or parent-in-law
- Son or daughter
- Son-in-law/daughter-in-law
- Stepson or stepdaughter
- Brother or sister
- Aunt or uncle
- Grandparent, or
- The spouse/partner of any of the people listed and living in the same household as the adult
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DBS checking
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Screening through Disclosure and Barring Services. This checks criminal history and identifies people barred from working with children and vulnerable adults.
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Financial assessment
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Means tested charges apply in most cases when the council meets unmet eligible needs for care and support under the Care Act. Where the Council intends to charge for meeting needs, our Financial Assessment and Benefits (FAB) Team carry out a financial assessment (a means test) to decide whether the person can afford to pay all, part or none of the cost of their care and support.
Charges do not apply when the council is:
- providing after - care services under S117 MHA
- meeting the unmet eligible needs of carers under the Care Act
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Managed account
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Managed accounts are used in limited circumstances, for example where an adult / authorised person has a poor credit rating. Direct payments are made to a commissioned service which manages the funds on their behalf. The direct payments recipient remains responsible for how direct payments are used. For example, if direct payments are used to employ staff, the direct payments recipient is the employer, even though the commissioned service may carry out employment activities on a day to day basis. Adults who are able to provide consent may also elect to use a managed account.
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MCA
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Mental Capacity Act 2005
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MHA
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Mental Health Act 1983
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Minor adaptation
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An adaptation is defined as minor when the total cost including supply and fitting is less than £1000.
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Nominated person
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A nominated person is someone selected by an adult with capacity to manage direct payments on their behalf. The nominated person takes full responsibility for managing the direct payments so the Council has to agree to the arrangement.
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Payment Card Account
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A card, linked to a bank account, where funds are preloaded and used in a similar way to a banking debit card. The account cannot become overdrawn because there is no credit facility. The account is run by a company called EML Payments. |
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Plan
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A plan which summarises:
- how it has been agreed that unmet eligible needs under the Care Act for someone who needs care and support or a carer will be met
- what S117 MHA after-care services have been agreed
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Review
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Monitoring and review of direct payment arrangements to ensure that they continue to meet the needs. Usually carried out concurrently with a review of the person’s plan
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S117 after care services
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A wide range of services necessary to meet a need arising from a person’s mental disorder when a person ceases to be detained under the MHA.
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