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Direct Payments Policy

Read our Direct Payments Policy, a guidance for service users and carers

Introduction

In Torbay, health and social care services are provided by Torbay and South Devon NHS Foundation Trust (‘the Trust’) and funded by Torbay Council (“the Council”). This policy is written in partnership and explains Direct Payments in Torbay.

Our purpose is to support and help people to stay as well and independent as possible, able to manage their own well-being. Where care is needed, we want people to have a choice about how their needs are met and only tell their story once. People receiving services need to be at the heart of what we and providers deliver together.

Useful Information:

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Our principles

  • We want people to remain in control of their lives, to remain independent and to have the opportunity to make their own choices about their care and support arrangements.
  • We will achieve this by our Direct Payment system being as simple as possible and allowing people true autonomy to meet their eligible care and support needs.

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What is a Direct Payment?

A Direct Payment is one way of having a personal budget/Personal Health Budget. It is funding given to a person who has been assessed as being eligible for social care support. It will give them flexibility to arrange and purchase care and support for themselves to achieve the outcomes agreed in their care and support plan. Receiving a Direct Payment will not affect any entitlement to benefits. 

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Who can have a Direct Payment?

A person can have a Direct Payment if:

  • They have the capacity to ask for a Direct Payment or, if they do not have   capacity, a request by a nominated or authorised person is made on their behalf.
  • Their needs meet the Care Act 2014 eligibility criteria for care and support.
  • For Social Care Funded people their income and capital are below the capital threshold, which will mean that the local authority must contribute to the cost of their care and support.
  • They can manage the Direct Payment either by themselves or with support from a nominated or authorised person. If someone doesn’t have the capacity to manage a Direct Payment, we can arrange for someone to receive the Direct Payment on their behalf, for example, a friend or family member. It cannot be a paid carer unless they are directly related. People may still choose for us to arrange some or all their care and support. If someone is already receiving care and support from us, they can choose to change to a Direct Payment at any time. Similarly, someone receiving a Direct Payment may choose to cease receiving the payments and have us arrange their care and support.

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Who cannot have a Direct Payment? (See appendix 1)

The law specifically excludes people who are placed under certain conditions by courts relating to drug/alcohol dependencies. 

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Direct Payments for equipment

At present equipment that has been prescribed by the Council’s Occupational Therapists is ordered directly from an independent organisation contracted by the Council. They provide a range of good quality and good value equipment from which choices can be made. You can only use a Direct Payment for equipment if we cannot procure the item from our contracted provider. 

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Direct Payments for young people

Financial assessments do not apply to Direct Payments provided to children and young people under the age of eighteen. The national eligibility rules are only relevant to Adult Social Care; they do not apply to assessments carried out by Children’s Social Care.

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How Direct Payments work

We aim to make setting up and managing Direct Payments as simple as possible. We will provide clear information and advice to support people with a Direct Payment.

Direct Payments Support

Our procedures will be as “light touch” as possible. The procedures we do have are to make sure that we:

  • Adhere to the law and national Direct Payment guidance

We always recommend people obtain independent financial advice and can provide details of how to do this.

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Your opportunity to feedback

We welcome your comments about the services you receive. If you would like to tell us what you think, please do so by choosing from the options below.

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