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Applying for direct payments

In this section

  1. 1
    Introduction
  2. 2
    Supporting choice and involvement
  3. 3
    Applying for direct payments
  4. 4
    Declining an application
  5. 5
    When a direct payment is agreed
  6. 6
    Getting help to manage direct payments
  7. 7
    Conditions that apply to the use of direct payments
  8. 8
    Using direct payments to employ staff
  9. 9
    Council duty to protect public funds
  1. 10
    Monitoring and reviewing direct payments
  2. 11
    Discontinuing direct payments / requiring repayment
  3. 12
    Concerns and complaints
  4. 13
    Implementing, monitoring and reviewing policy
  5. 14
    Appendix 1 - Definition of terms in this policy
  6. 15
    Appendix 2 - People excluded from having direct payments
  7. 16
    Appendix 3 - legal context
  8. 17
    Policy Details

Conditions - adults with capacity/nominated person 

3.1    The council will provide direct payments when it is satisfied that:

    1.  the adult has capacity to request direct payments and where applicable any nominated person (see paragraphs 3.2 and 3.3 below) agrees to receive direct payments, and
    2.  the Care and Support (Direct Payments) Regulations 2014 do not prohibit needs from being met through direct payments (please see appendix 2) and
    3.  the adult or any nominated person is capable of managing direct payments either independently or with support, and
    4.  making direct payments to the adult/nominated person is an appropriate way of meeting needs

The council will ask any adult/nominated person who wishes to manage direct payments to declare any convictions involving dishonesty. If a conviction is declared, we will assess whether or not it is appropriate for that person to manage direct payments.

3.2    Adults with capacity may nominate someone else (often a family member or friend) to manage direct payments on their behalf. 

3.3     The council must agree to the arrangement as the nominated person is in a position of trust, is responsible and accountable for how direct payments are used and will be held liable for any misuse of payments.  

Conditions - authorised person for an adult who lacks capacity

3.4     Requests for direct payments for an adult who lacks capacity to request them must be made by an authorised person. This means someone:

a) who is authorised under the MCA to make personal welfare decisions for an adult without capacity because they:

      • hold a registered lasting power of attorney given by the adult before the adult lost capacity
      • are a deputy appointed by the Court of Protection
                                                                                      or

b) that the council (and anyone authorised under the MCA to make personal welfare decisions for the adult) agree is suitable person to be the authorised person to manage direct payments

The council will consider all the relevant circumstances on a case by case basis when determining who is a suitable person to be the authorised person to manage direct payments.

3.5    The council will provide direct payments when it is satisfied that: 

  1. where the person making the request for direct payments is not authorised under the MCA to make personal welfare decisions for the adult, any person who is so authorised supports the request, and
  2. the Care and Support (Direct Payments) Regulations 2014 do not prohibit needs from being met through direct payments (please see appendix 2) and
  3. the authorised person will act in the adult’s best interest in arranging care and support with direct payments, and
  4. the authorised person is capable of managing direct payments either independently or with support, and
  5. making direct payments to the authorised person is an appropriate way of meeting needs  

3.6    When assessing whether making direct payments to the authorised person is an appropriate way of meeting needs, the council will: 

    1.  Consult and take into account the views of anyone:

      • named by the adult as someone to be consulted about whether direct payments should be made to the authorised person
      • engaged in caring for the adult or interested in their welfare
      • authorised under the MCA to make decisions about the adult’s needs for care and support 

2.  Consider: 

      • the adult’s past and present wishes and feelings, particularly any relevant written statement made by the adult before they lost capacity
      • the beliefs and values that would be likely to influence the adult’s decision if they had capacity, and
      • other relevant factors the adult would be likely to consider if they were able to do so


3.  Ask the authorised person to declare any convictions involving dishonesty and take any declared conviction into consideration when assessing whether or not it is appropriate for that person to administer the direct payment.

4.  Carry out a Disclosure and Barring Services (DBS) check for: 

      • any authorised person who is not the adult’s spouse / partner, a close family member (as defined at Appendix 1) who lives in the same household as the adult or is a friend of the adult who is involved in the adult’s care, and
      • the person with overall responsibility for the day to day management of direct payments where the authorised person is a body corporate or an unincorporated body of persons

3.7    An authorised person acting on behalf of an adult who lacks capacity:

  • must notify the council if they reasonably believe that the adult has regained capacity
  • must (except as stated at paragraph 8.4) carry out a DBS check for any person from whom a service will be secured using direct payments
  • is in a position of trust, is responsible and accountable for how direct payments are used and will be held liable for any misuse of direct payments
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