Scottish Government

Adult Support and Protection Unit
ISBN 0 7559 1420 1 (Web only publication)
This document is also available in pdf format (588k)

Contents

Covering Letter

DIRECT PAYMENTS GUIDANCE
Purpose of guidance

PART 1 AN INTRODUCTION FOR USERS
Purpose of part 1
Section 1 DIRECT PAYMENTS: ARE THEY RIGHT FOR YOU?
What are direct payments?
Can you get direct payments?
Assessment of need
What can direct payments be used for?
Setting up direct payments

PART 2 GUIDANCE ON LOCAL DIRECT PAYMENTS SCHEMES
Purpose of part 2
Section 2 ASSESSMENT, PLANNING AND COSTING OF A PACKAGE
Purpose of section 2
Pre-assessment
Single shared assessment
Ability to manage direct payments
Carers assessments
Care/personal plans
Deciding how direct payments are used
Costing a direct payments package
Costing a PA employer's package
Assessing a service user's contribution
Complaints about levels of direct payments
Section 3 ADDITIONAL SUPPORT: CONSENT NEEDS, SUPPORTED DECISION MAKING AND ADVOCACY
Consent by the service user
Supported decision making and advocacy
Consent by attorneys and guardians
Parental consent
Section 4 SUPPORT THAT CAN BE BOUGHT WITH DIRECT PAYMENTS
Support from service providers
Purchasing local authority services
Housing support services
Equipment and temporary adaptations
Health needs and continuing health needs
Residential accommodation, short breaks and respite
Support for recovery from mental illness
Buying services from a self-employed personal assistant ( PA)
Services or support?
Section 5 EMPLOYING STAFF - PERSONAL ASSISTANTS OR RELATIVES
PA employment procedures
Safe recruitment
Training
Enhanced disclosure checks
Employing close relatives
Section 6 INFORMATION, SUPPORT AND TRAINING
Users' input into local direct payments procedures
Information
Support
Why independent and user-led support?
Mainstreaming local authority funding of support organisations
What kind of support and when?
Funding of essential direct payments training
National support for direct payments
Section 7 MAKING, MANAGING AND MONITORING DIRECT PAYMENTS
Making payments
Managing payments
Paying direct payments to a third party
Managing direct payments during periods of fluctuating health conditions
Emergency assistance
Local monitoring of direct payments
Reviews and reassessments
Section 8 WHEN DIFFICULTIES ARISE
Introduction
Seeking repayment
Discontinuing direct payments
Local authority complaints procedures
Section 9 FINANCING DIRECT PAYMENTS
Mainstreaming direct payments finance
Recommendations for longer term financial planning
Incremental resource virement
Broader service strategies for change
Extra direct payments resources
Long term best value and quality of life
Section 10 MONITORING OF LOCAL AUTHORITY PERFORMANCE

PART 3 GUIDANCE FOR CLIENT GROUPS
Purpose of part 3.
Section 11: DIRECT PAYMENTS FOR BLACK AND ETHNIC MINORITY PEOPLE
Eligibility, assessment and support
What BME users can expect
Using care agencies and other service providers
Employing PAs
Local support
How to mainstream direct payments for local BME users
Further information
Section 12: DIRECT PAYMENTS FOR USERS OF DISABLED CHILDREN'S SERVICES
Eligibility, assessment and support
What children and their parents can expect
Disabled parent
Involving children
Parental consent
People with parental responsibility for disabled children
Disabled 16 and 17 year olds in transition services
Childminders
Looked after status
Using care agencies and other service providers
Employing PAs
Local support
How to mainstream DPs for children and their parents
Further information
Section 13 DIRECT PAYMENTS FOR USERS OF MENTAL HEALTH SERVICES
Eligibility, assessment and support
What mental health service users can expect
Using care agencies and other service providers
Employing PAs
Other care support
Local support organisations
How to mainstream direct payments for children and their parents
Further information
Section 14 DIRECT PAYMENTS FOR OLDER PEOPLE
Eligibility, assessment and support
What older people can expect
Consent and capacity issues
Cost ceilings
Using care agencies and other service providers
Employing PAs
Local support organisations
How to mainstream direct payments for older people
Further information

Annex A LEGISLATIVE CONTEXT
1.1 Introduction
1.2 The Social Work (Scotland) Act 1968
1.3 Services that direct payments can be used for
1.4 Who can receive direct payments
1.5 Who cannot receive direct payments
1.6 The Community Care and Health (Scotland) Act 2002
1.7 The Community Care (Direct Payments) (Scotland) Regulations 2003 ( SSI 243/2003)
1.8 The Community Care (Direct Payments) (Scotland) Regulations 2005 ( SSI 114/2005)
1.9 Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005
1.10 Adult Support and Protection (Scotland) Bill
1.11 Health Committee Care Inquiry August 2005 to May 2006

Annex B Summary of current research on direct payments

Annex C Checklist for care/personal plan for direct payments

Annex D Employing staff

Annex E Support organisation details

Annex F Other sources of information