Frequently asked questions

1. What are direct payments?
2. Who can get direct payments?
3. What can you use direct payment for?
4. How do you get direct payments?
5. How can the SPAEN help?
6. Is there anything I should do prior to my Community Care Assessment?
7. Once the Community Care Assessment has been carried out is there any way of appeal should I not agree with the outcome of the assessment?
8. How would I go about recruiting my own Personal Assistant (PA)?

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1. What are direct payments?

A direct payment is money paid by a local authority (council) to someone assessed as needing community care or housing support services. Instead of the local authority arranging services for you, you can use the money to choose and buy your own services.

2. Who can get get direct payments?

• Anyone aged over 16 who has:
  - a physical or sensory impairment
  - a learning or mental health difficulty
  - an illness (e.g. HIV or AIDS, cancer)
• Parents of a disabled child
• Disabled parents to assist in their parenting role

From April 2004, you can claim direct payments if you are entitled to community care support, for example if you are frail, fleeing domestic abuse, refugee or asylum seeker, homeless, ex-offender or recovering from alcohol or drug dependency.

3. What can you use direct payments for?

To purchase any community care services including:

• employing personal assistants
• short breaks or short periods in residential care
• sign language, counselling or rehab
• attendance at a day centre
• equipment and adaptations

4. How do you get direct payments?

The first stage is to discuss the services you need with a social worker (community care assessment). You may have to contribute towards the cost of these services.

5. How can SPAEN help?

We can help you:

• with everything you need to know to make the most of a direct payment
• be a good and responsible employer

6. Is there anything I should do prior to my Community Care Assessment?

Ideally you should complete what we call a diary of personal needs. By filling out a diary you are self assessing the amount of support you need, when you need it and from whom you require this support.

This is a useful tool as it will assist you and the assessor when Social Work Department carry out the Community Care Assessment focusing on amount of hours and support that you will require to live fully and independently within the community, maximising your choice control and flexibility.

A copy of the diary with explanatory notes can be downloaded from the members area of this web-site or seek advice from your local support organisation.

7. Once the Community Care Assessment has been carried out, is there any way of appeal if I don't agree with the outcome of the assessment?

Yes, in the first instance, by contacting the care manager assigned to your case, in writing. The care manager should endeavour to resolve the matter to the satisfaction of all concerned. If however, you are still not satisfied you have the right to appeal, again in writing, in accordance with local authority guidelines and you may wish to elect to seek legal advice via a solicitor. Local authorities will convene a panel of relevant individuals to hear your case and you and your solicitor can be present for this.

8. How would I go about recruiting my own Personal Assistant (PA)?

The recruitment process should follow a rigorous procedure. Assistance if required should be sought from your local support organisation.

Here is an example:

• Draft a job description for the post tailored to your specific needs. A diary of daily needs is a helpful tool in this process. A generic example of a job description can be downloaded from the members’ area of this web-site which gives you all the main headings you need to incorporate.
• Draft the Terms and Conditions of Employment. A generic example can be downloaded from the members’ area of this web-site which gives you all the main headings you need to incorporate.
• Draft a detailed application form highlighting, from the job description, any tasks or duties which are specifically important to you.
• Advertise the post either through your local Job Centre, the local press or both should you wish to do so.
• Shortlist applicants for interview. SPAEN or your local support organisation can assist you in this process should you need that help.
• Appoint the successful candidate(s) subject to taking up references and if required enhanced police checks. Potential employers should note the importance of having a rigorous recruitment procedure in place where the taking up of references is essential. In addition, an enhanced police check can be requested although this is discretionary for adults employing their own support staff. However, if someone is being employed to work with children an enhanced police check is mandatory.
• Issue agree and jointly sign the Terms and Conditions of Employment which you have drawn up. Under employment law this must be signed within eight weeks of commencement of employment. This eight week period is usually the recognised probationary period. You can however extend the probationary period up to six months if required.

SPAEN is registered with Disclosure Scotland and can countersign on your behalf applications for Enhanced Disclosures. Please note there is a cost attached.

Link to more information about SPAEN's disclosure check.

Remember that all recruitment costs should be covered by your Direct Payment so you will not incur any costs for this process.