Scottish Government

Social Work (Scotland Act 1968, Sections 12B and 12C - Direct Payments
Draft Policy and Practice Guidance

Community Care Division: 1

March 2003

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Contents

Covering Letter

Part 1: Introduction
Purpose
Context, policy aims and objectives

Part 2: The Community Care and Health (Scotland) Act 2002
New provisions commencing on 1 June 2003
New provisions commencing on 1 April 2004

Part 3: Scope of Sections 12B and C of the Social Work (Scotland) Act 1968
Who can receive direct payments?
Who cannot receive direct payments?
Direct payments for adult community care services
Free personal care
Community care assessments
Direct payments for children's services
Disabled parents
Disabled 16 and 17 year olds
People with parental responsibility for disabled children
Direct payments for housing support services
Direct payments for equipment and adaptations
Direct payments to purchase local authority services
Health services
Residential care
Employing close relatives
Giving consent
The service user
Attorneys and guardians
Parents
Managing payments
Emergency assistance

Part 4: Consultation, information and support
Consultation
Information
Support
Supported decision making
Independent advocacy

Part 5: Direct payments in practice
Assessment for direct payments
Carers and assessments
Deciding how direct payments are to be used
Best value
Calculating the amount of direct payments
Assessing a service user contribution
Making payments
Monitoring direct payments
Reviews and reassessments
When difficulties arise
Seeking repayment
Discontinuing direct payments
Complaints procedures
Resources
Statistical monitoring

Annex A:Checklist for care/personal plan for direct payments

Annex B: Support organisation details

Annex C:Other sources of information

Annex D:F1 Statistical Return Form