The Care and Support (Direct Payments) regulations 2014

Direct payments are cash payments which are only made to individuals who have been assessed by social services as needing care and support services. Local Authorities have duties under the regulations:

• Local Authorities (LAs) must assess the individual person’s care needs.

Where people qualify in needing certain services, LAs should either provide:

• the services required to qualifying individuals; or
• direct payment to enable an individual to obtain their own services.

Individuals may employ carers directly or through an agency.

Local authorities should:

• adequately assess care needs and how safe care should be delivered.
• ensure arrangements are in place to review assessments to help ensure safe delivery of care.
• share any relevant risk assessments, which form part of the care assessment, with direct payment recipients. This will help recipients to take health and safety into account when employing carers.
• ensure that there is good on-going communication between the person in receipt of payments and the LA, so far as is reasonably practicable.
• consider what health and safety advice recipients might need.
• explain the safeguards needed in the employment of workers.
• review the level of direct payments to help ensure the right services to provide a safe level of care are secured.

Useful links:

The Care and Support (Direct Payments) Regulations 2014

Guidance on Direct Payments for Healthcare - Understanding the Regulations

The National Health Service (Direct Payments) (Amendment) Regulations 2017