Discontinuing Direct Payments
11.1 People managing direct payments, either for themselves or on someone else’s behalf, may discontinue direct payments at any time by giving 4 weeks written notice to the council. Depending on the circumstances, the council may agree to vary this notice period.
11.2 The council will provide notice before discontinuing direct payments except in exceptional circumstances when direct payments may be discontinued without notice.
11.3 The council will end direct payments where it is satisfied that:
- the person no longer requires the support or after-care services for which direct payments are made
- the person becomes excluded from having direct payments - please see Appendix 2
- any of the conditions set out at paragraphs 3.1 (adults with capacity) or 3.4 (adults who lack capacity) are no longer met
- direct payments are not safeguarding or promoting the person’s welfare
11.4 The council may suspend or end direct payments either permanently or temporarily if:
- the adult does not require assistance because their condition has improved and/or they do not need the services that direct payments were intended to secure
- any condition attached by the Council is unmet or the Council has reason to believe that direct payments have been used for purposes other than as specified in the adult’s plan
- the adult fails to pay the assessed amount (where relevant) into the direct payments account
- given all the circumstances, the Council considers it appropriate to end direct payments
11.5 The council may suspend a payment card account while investigations are undertaken if it appears that the account has been accessed without the consent of the person managing direct payments or that unusual transactions have occurred.
Requiring repayment
11.6 The council will require full or partial repayment of direct payments if any condition attached by the council is unmet or the council has reason to believe that direct payments have not been used as agreed in the adult’s plan.
11.7 The council may require repayment of any unspent direct payment if they are not required for the purposes agreed in the adult’s plan.
11.8 The council will require repayment of excess funds accumulated in the dedicated bank account where there is no reasonable explanation for the surplus.
11.9 Direct Payments do not form part of an estate in the event that someone dies while receiving them. The money at all times belongs to the council and remains public funds.
