Direct Payments Advice and Support
Frequently asked questions
A4e was founded in 1986 to provide training and employment opportunities for the people made unemployed by the decline of the steel industry in Sheffield. A4e is committed to improving people's lives and now helps thousands of people across the world.
A4e is a successful international business and a market leader in global public service reform. We work with government and the private and third sectors to design, develop and deliver front line public services that benefit individuals, organisations and communities.
A4e supports Local Authorities across the country in the delivery of Direct Payments Services.
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Direct Payments are money paid to people with assessed care needs so that they can choose, arrange, and pay for their own care services.
Direct Payments make it possible for people to have more choice and control over the type of help and support they receive to meet their care needs.
You can also have a Direct Payment to pay for some of your care and ask Social Services to arrange the rest. This is a good way to see if a Direct Payments are really what you want.
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Direct Payments are open to everyone who has been assessed as having social care needs.
This includes:
- Older people
- People with physical or sensory disabilities
- People with learning disabilities
- People with mental health problems
- Parents who care for disabled children and young people
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If you qualify for help with your care needs, your social care worker will ask you if you would like Direct Payments to purchase and arrange your own care, instead of Social Services arranging it for you.
If you choose to opt for Direct Payments, you must be able to manage your care arrangements and keep information about how the money is used. But don’t worry - you can access as much help as you need from A4e.
Should you change your mind, you can opt out at any time and go back to receiving your care from Social Services.
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Direct Payments are paid into a separate bank account opened specifically for this purpose.
The Council will also ask you for financial information every 3 months, outlining the incomings and outgoings in your bank account together with bank statements.
Don’t worry, A4e can help you to open a bank account and manage your financial information. They have plenty of experience, and will help make this as straightforward as possible for you.
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The money can be used to buy the help your assessment has shown you need. This may be personal care, practical household tasks, day care or other support for daytime activities and respite/short breaks.
You cannot use Direct Payments for long-term residential care, or to pay for food, gas, electricity or other services.
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No. You can receive Direct Payments for social care as well as benefits. It is not the same as Direct Payments from the Department for Work and Pensions.
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Before you start to use Direct Payments you will be asked to meet with an advisor from A4e who will explain how they work and the support we can offer. Your dedicated advisor may help you decide if a Direct Payment is right for you.
A4e will work with you through the whole process, continuing to offer ongoing support. You will be advised about the financial information you need to keep, and support is available to help you with this.
“Staff at A4e are always helpful, pleasant and friendly” (Mr D, Quoted at Direct Payments Interactive User Forum, October 2007).
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For people unable to manage their own care account, A4e can do this on their behalf by receiving and managing funds from the Local Authority and Independent Living Fund (if appropriate). A4e does not become involved in client's personal finances unless expressly asked to do so.
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You can choose a friend, neighbour, or sometimes a member of your family, as long as they do not live in your house. You can use your Direct Payments to pay for a carer from a care agency, or someone else who is self employed. Alternatively your advisor will be happy to assist you in recruiting through the local newspaper or alternative means which he/she can discuss with you.
Choosing your Personal Assistant is an enjoyable part of the process. If you do advertise in the local newspaper A4e will support you throughout. We can send out job packs, interview letters, arrange times and venues for interviews. A4e can also help you to conduct the interviews.
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In general, when selecting an assistant or carer, you should not discriminate on the grounds of sex, race, disability and people who change their gender. Laws exist to stop this happening.
A4e will be able to help you with information about preventing discrimination. They should also be able to help you with wording an advert.
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There are many agencies which provide care services. Purchasing services from an agency means that you do not employ directly the people who provide your care, and you do not have the responsibilities of an employer. Instead you have a contract with the agency.
A4e has names of agencies in your area which provide the kinds of services you need. You may also be able to find out about agencies from other people who receive direct payments, your GP, libraries, local voluntary councils, Citizens’ Advice Bureaux, or by looking in the Yellow Pages.
You might find it helpful to ask some of the following questions before making a decision:
What services are available?
What charges will be made?
Is there a minimum service that has to be taken up?
Can I choose the person who provides my care?
Can I expect to see the same person on a regular basis?
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If the Direct Payments are for someone to care for a child under 16, or for an adult where there is a child in the house under 16, the local authority insists that a Criminal Records Bureau (CRB) check is undertaken for any personal assistant to be employed.
You need to advise the potential personal assistant about this early in the process.
You must remember that a CRB check should be just one way to check that your staff are suitable to work with you and your family. CRB checks are useful but will only reveal relevant convictions up to the date the check was done. You should always take up references for anyone you wish to employ and always try and reduce the risk of putting yourself in a vulnerable position. Regular supervision of your workers is a good way of keeping track of what they are doing and how, and also an opportunity to voice any concerns you may have.
If you are unsure about any of the information in this section, contact your local A4e branch for advice.
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It is your responsibility as an employer, to make sure your employees work safely and have a safe place to work in. It is also the responsibility of the Personal Assistant (PA) not to do anything which might cause you themselves or others injury or harm. It is important to understand that health and safety is not just the responsibility of the employer but of their staff as well.
There is a balance between the safety of the Personal Assistant and getting your needs met and there are laws that need careful interpretation to ensure that you and your employee are not putting each other at unnecessary risk.
A4e can carry out a risk assessment to highlight any potential hazards within your home and advise you how to minimise potential risk factors. If you prefer they can advise you how to access training yourself so that you can then undertake your own risk assessments.
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As an employer you have a legal duty to insure against accidents or injury to your staff, or accidents or injury caused by them while they are at work for you.
Accidents can happen in a number of ways. For example, your PA might fall down the stairs while doing the housework. Alternatively, they might have an accident outside your house while doing your shopping. In such cases, as their employer, you might be held responsible.
Consequently, when employing a PA you must take out Employers' Liability Insurance. A4e advisors can help you with this.
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A4e can act as your payroll agent and will deal with all payroll issues and correspondence from the Inland Revenue.
As an employer you would simply sign a timesheet to confirm the hours worked by your carer and send to A4e to process. You would then receive a payslip which would indicate the amount payable to your carer and you would pay them in the form of a cheque.
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Under the Working Time Regulations workers are entitled to 24 days paid leave (holiday) each year based on the contracted number of hours the worker is employed to do. Your A4e advisor can help you calculate your staff’s entitlement.
An employer also has the right to ask a worker to take all or any of the leave due on specified dates provided the worker is given notice before the leave is due to start.
Employers and workers can agree how and when to give notice of when leave is to be taken. The employer can ask for consent to be obtained from them before a worker commits themselves to a confirmed holiday booking or any other arrangement.
An employer can refuse a request for holiday if it is not possible to find a replacement at that particular time. This does not affect the worker's annual leave entitlement.
Otherwise, workers are entitled to choose their leave dates by giving notice in the same way that employers can. Personal Assistants should take into account any other employer rules which are in place. Such rules should be notified to workers in written documentation, e.g. written statement, contract or in a staff handbook.
A4e can help you manage all aspects of holiday entitlement.
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If an employee is sick for four consecutive days or more, they may be entitled to sick pay from you. This is statutory sick pay and is only payable if the employee pays National Insurance. A4e’s payroll service will help you with Statutory Sick Pay.
You should ensure that you have sufficient contingency arrangements in place to cover times of staff absences. A4e can also assist you with this.
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If one of your assistants becomes pregnant and is no longer able to carry out certain aspects of their current job due to pregnancy, there are several things to consider.
Firstly, you need to consider whether it is possible for the woman concerned to do suitable alternative work. If not she should then get a certificate from her GP for a medical suspension. (If she is ill for any other reason then this is treated as usual sick leave). She effectively stops coming into work until such time as it medically safe for her to return. This might be a few weeks or it might be until after her maternity leave.
During medical suspension, employees continue to have the same employment rights and wages as if they were working, until they begin maternity leave. The local authority will cover the additional cost if you need to employ an additional assistant or pay extra hours to an another, existing assistant.
A4e will support you with all of the above. For further advice regarding maternity leave contact your local ACAS office or www.direct.gov.uk
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There is a ‘Safety and Guidance Handbook for Personal Assistants Employed through Direct Payments’ with lots of useful information available for your assistant.
A4e can supply you with a copy of this.
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If you would like to know more about Direct Payments, or to be assessed to find out if you qualify for the scheme, you can talk to your social care worker if you have one or contact advisors at your local A4e branch.
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