Direct payments for Family

[Cakes2695]

Advice on DP options on a website state as follows : Direct payments must be made subject to the condition that they must not be used to pay any person mentioned in paragraph (3) to meet the needs of the adult in respect of whose needs the direct payment is made.

(2) Except that, if the local authority considers it is necessary to do so, direct payments may be used to pay a person mentioned in paragraph (3)—

3) The persons referred to in paragraph (1) are—

(a)

the spouse or civil partner of the adult;

(b)

a person who lives with the adult as if their spouse or civil partner;

(c)

a person living in the same household as the adult who is the adult’s—

(i)

parent or parent-in-law,

(ii)

son or daughter,

(iii)

son-in-law or daughter-in-law,

(iv)

stepson or stepdaughter,

(v)

brother or sister,

(vi)

aunt or uncle, or

(vii)

grandparent;

So i think this can be done by LA they just don't want to even when it makes sense ! and gives the person needing the support stability and security.

I look forward to views and if anyone else has managed to get LA & social worker to do something more flexible and workable for our loved ones.

[Mybestfriends]

Interested to see too.

[FragileXmum]

A perfect example of civil service jargon that doesn't make sense and has an exception to every rule into the bargain!!!!😜

[Chocolate-heals-all]

I think it’s historical, because direct payments were brought in as an alternative to respite services for unpaid carers who were close family members. So the idea was that we work for nothing and then the council give us enough money to pay someone to take the load off of us - just a few hours a week - so we don’t crack under the strain. If all of us were paid by the State to do what we do for free, the cost would be about five to ten times what they pay now, and even now they’re stretched to find the money. That’s why the money has to go towards paying a person outside the family. Of course, the exception is written in there, but I reckon it has to be exceptional, because they can’t afford to allow everybody to get that money.

If our loved one is getting benefits then we can charge them a sensible hourly rate for our time and write that down as a disability-related expense, and that reduces their assessed income for the means test. My son gets universal credit, and he pays his share of household expenses from that, but in theory I could charge him extra for my chauffeuring and housekeeping services. I think if you go to Mencap or another local charity they can help you apply for benefits.

[BenjiB in reply to Chocolate-heals-all]

it’s crazy really because my son’s fees at his care home are around £5k per week. I said to the social worker at the time that if I was paid even half of that I could buy a bigger house or build an annexe, give up work and employ my own carers to support us. She agreed that the system needs an overhaul as many parents chose residential care once their child is out of education because they can’t afford to give up work and day services are thin on the ground.

[SpeedyH]

The text you have quoted is a direct extract from the Care Act 2014 and associated regulations and guidelines. It is the legal framework for adult social care. As with a lot of the provisions in this Act, the application by an LA of that particular bit is discretionary in that they get to decide whether circumstances are special enough to allow payments to family.

In my local area there are a number of family members getting paid. This tends to be when the care and support needs are high, for example when there are distressed behaviours or complex therapies, and paid external carers with the necessary skills cannot be found.

We are in the middle of a care crisis and in most areas there is an acute shortage of agency staff and individual PAs. The LA is under a legal obligation to meet the eligible needs described in the Care and Support Plan so if this is not happening due to shortages of suitable staff, then there is a good argument to be able to pay family to provide that care. There are issues of conflict of interest to be considered though - it is unlikely that a Direct Payment authorised person who manages the money would be able to pay themselves. (Most LAs have DP management services who could take over the account in these circumstances.)

[LunarMuse]

It seems local authorities can approve direct payments for family members under certain conditions, but they often don't, even when it would provide stability and security. If the LA is being inflexible, it might help to review your rights and ask for a formal review or involve an advocacy service.