Direct payments have formed part of government’s Independent Living policy for the delivery of social care for several years. Since 1996 local authorities have had the power to consider making direct payments to certain individuals they assessed as in need of services. The legislation has been extended over the years and direct payments are now available to:
- disabled adults aged 18-64 who have been assessed as eligible to receive community care services (since 1997);
- disabled people over the age of 64 (since 2000);
- parents of disabled children (since 2001);
- disabled young people aged 16-17 years old (since 2001);
- carers aged 16 or over who provide substantial care for a person aged 18 or over (since 2001)
- people with mental health problems and/or their carers over the age of 16 (since November 2009)
(in Scotland direct payments are not presently available to carers)
Since 8 April 2003, it has been mandatory for all local authorities to offer the choice of direct payments to all eligible recipients.
In 2009 there was a consultation on extending direct payment to health care but this is still in early stages of development but pilots are underway
LITRG has conducted a detailed review of the issues and published a report and recommendations many of which we are currently in discussion over with HM Revenue & Customs.
We have also responded to a consultation on support and other needs if the Right to Control through a Personal Budget is to be extended to other funds for services that public bodies presently administer such as Access to Work; The Independent Living Fund; Disabled Facilities Grant and Disabled Student’s Allowances. Trials by selected local authorities were proposed by the previous government during 2009.
Whilst LITRG fully supports a policy intended to ensure that disabled people have choice and control over the support they need to go about their daily lives we have consistently been concerned at the dearth of information and inconsistent support for recipients about the tax and other regulatory implications of those who take direct payments as part of their care package. These implications can be substantial for those who become employers by engaging a carer or personal assistant and we have set out some of the issues in the following sections.
