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

SOCIAL WORK (SCOTLAND) ACT 1968 , SECTIONS 12B AND 12C- DIRECT PAYMENTS: DRAFT POLICY AND PRACTICE GUIDANCE

Introduction

1. This circular provides draft policy and practice guidance to local authorities on implementing the direct payments legislation from 1 June 2003.

2. This guidance is issued under Section 5(1) of the Social Work (Scotland) Act 1968 ("the 1968 Act"). It offers advice to local authorities on how to make payments under sections 12B and 12C of the 1968 Act which now place a duty on local authorities to offer direct payments to eligible people who wish to receive them for adult community care and children's services.

3. Section 7 of the Community Care and Health (Scotland) Act 2002 ("the 2002 Act") introduces a number of measures which amend section 12B and will help make direct payments more widely available. The legislation requires local authorities to offer direct payments to disabled people who have been assessed as needing community care or children's services. The person receiving the direct payment must give their consent, be able to manage them (with as much assistance as necessary) and must not come within the list of persons excluded by regulations.

4. The guidance sets out the Executive's view of how local authorities should be using the new duty placed on them by sections 12B and C of the 1968 Act and advises on how they might implement this duty. It aims to help local authorities manage a simple but effective system for making direct payments to disabled people.

5. This guidance replaces the policy and practice guidance issued under cover of circular CCD 8/2002 on 10 July 2002.

Background

6. The Executive's aim in introducing these measures is to increase the independence of people who use community care or children's services. We believe that direct payments promote a more person-centred approach to service provision giving people more control and choice over the way the services they need are delivered. These provisions were included in the 2001 "Better Care for all our futures" consultation document and were widely welcomed.

New provisions commencing on 1 June 2003

7. From 1 June 2003 local authorities have a duty to offer direct payments to all who are potentially eligible (as defined by the Community Care (Direct Payments) Scotland Regulations 1997, as amended) to receive them. This means that local authorities can no longer choose to make direct payments available only to certain groups of disabled people nor can they make them available only for certain services.

8. To receive direct payments consent must be given. Where it is clear that the person who requires the services is unable to give the consent required, an attorney or guardian, given specific powers to receive direct payments, may give that consent instead. In the case of disabled child (under the age of 18) who requires services, the parent or a person with parental responsibility for the child, can give that consent.

9. Direct payments recipients can purchase the services they require from any local authority.

10. Direct payments can be made on a 'net' or 'gross' basis. Where they are made on a gross basis the local authority now has a legal mechanism for recovering any amount an individual has been assessed as able to contribute.

New provisions commencing on 1 April 2004

11. From 1 April 2004 direct payments will be extended beyond disabled people to all community care and children's services client groups (with the exception of certain groups of people who may be excluded by regulations). For example this will make direct payments available to people who need community care services because they are frail, fleeing domestic abuse or recovering from drug or alcohol problems.

12. This guidance does not give advice on how a local authority might implement this provision. Further guidance will be issued in March 2004.

"Direct Payments Scotland"

13. To assist local authorities and local support organisations develop direct payments in their area the Executive committed 530,000 to set up the 2 year project "Direct Payments Scotland" (DPS) in April 2001. A further 650,000 has been made available to extend the project until March 2006. You can contact DPS by calling the helpline on 0131 558 3450 or by E-mail to info@dpscotland.org.uk.

Action

14. This draft guidance is now distributed for consultation and comments are invited on any aspect of it. Local authorities are asked to distribute this draft guidance as soon as possible to all staff involved with the implementation of direct payments.

15. Comments should be returned to the Executive, by E-mail if possible, to directpayments@scotland.gsi.gov.uk by 2 May 2003. Alternatively please post your comments to Cameron Ager, Scottish Executive, Health Department, Community Care Division 1, 2 East Rear, St Andrew's House, Regent Road, Edinburgh, EH1 3DG.

Contact points

16. Enquiries about this circular should be addressed to Debi Garft (Tel: 0131 244 5455) at the above address or by E-mail to debi.garft@scotland.gsi.gov.uk .

17. Copies of this consultation are available to other interested parties by contacting Richard Park 0131 244 3523 (E-mail address richard.park@scotland.gsi.gov.uk) or on the Executive's consultation website at http://www.scotland.gov.uk/views/views.asp.

Yours sincerely

MISS THEA S TEALE

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