If you choose to start direct payments and decide it’s not for you, it’s no problem. Just ask your social care worker to arrange care services for you instead using your personal budget. The council will ensure there is no gap in the care and support during this change over.
You will also need to inform the direct payment team that you wish to end your direct payment as you may have responsibilities as an employer, if you employ personal assistants for example, in relation to:
The direct payment team will support you with all aspects of ending your direct payment.
When the Local Authority may discontinue your direct payment
The Local Authority will discontinue your direct payment when you no longer need the support for which the direct payment was made. This might happen in situations where the direct payments are for short-term packages when leaving a care home or hospital.
Where direct payments are discontinued because of criminal justice legislative provisions, the council will make timely arrangements for services to be provided in lieu of the direct payments, to ensure continuity of support.
The council may suspend the direct payment pending investigation of inappropriate spend, where funds have been spent on goods or services which do not meet the person’s assessed needs identified in the support plan/child in need plan.
Where a direct payment is used to employ a personal assistant, a direct payment may be suspended when there is evidence that the employer is not acting legally by complying with HMRC regulations or working time directives, whilst the options of the person's suitability to act as employer is considered and additional support explored.
The council will only terminate a direct payment as a last resort unless there is clear and serious contradiction of the regulations, or where the conditions in sections 31 or 32 of the Care Act are no longer met (except in cases of fluctuating capacity). We will take all reasonable steps to address any situations without the termination of the payment. This may include exploring additional support with management of the account and employer responsibilities.
Where the Local Authority deems it necessary to end your direct payment, sufficient notice will be given to ensure continuity of support.
For further information with regards to the Local Authority ending a direct payment, please refer to our direct payment policy or contact the direct payment duty team on 01942 489579.