Factsheets - Independent Living for Disabled People

Where to get help

Introduction

This user guide is about the assistance you can get as a disabled person, in England, Wales and Scotland to help you live a life of independence, both at home and in the workplace. It gives a brief explanation of the help that is available, who is entitled and how to apply.

The information in this user guide is for guidance only. Whilst every effort has been made to ensure that information is accurate and up to date, it should not be treated as an authoritative or complete statement of the law. DIAL UK does not accept liability for the consequences of any misinterpretations, errors or omissions.

DIRECT PAYMENTS

What are Direct Payments?

Direct Payments are just that, a payment paid directly to you to pay for your own care needs. This means that you can employ your own assistants to provide your care, tailored to your own needs, giving you more choice, freedom and flexibility.

What Services can a Direct Payment be used for?

You can use a Direct Payment to pay for any community care service; some examples include personal and domestic assistance, attending day centres or short-term residential care. They can also include equipment to help you get around or assist with daily living in the home.

Who can get Direct Payments?

To be eligible for direct payments clients must:

• be aged 18 or over
• be a disabled person as defined under section 29 of the National Assistance Act 1948. This includes people with any kind of impairment for example, those with physical, including sensory disabilities, learning disabilities and people affected by an illness such as mental illness, arthritis or by HIV/AIDS.
• have parental responsibility for a disabled child<
• be disabled young people aged 16 years or 17 years
• be a young carers aged 16 years or 17 years
• be carers who have been assessed as needing support services in their own right
• be assessed as needing services
• not subject to certain mental health or criminal legislation
• be willing to have a direct payment; and
• be able to manage a Direct Payment either alone or with assistance
  

Are there any services that you can’t get a Direct Payment for?

Residential Care

You can’t get Direct Payment for permanent residential care. However, you can get a Direct Payment for short stays in residential accommodation, but not for more than four weeks at a time in any one year.

Relatives

You cannot get Direct Payments to pay close relatives to care for you, or anyone living in the same household, but in England there may be circumstances where this can be the case. If you are a carer you could receive a Direct Payment in your own right if you are assessed as needing help.

Social Service Provision

You cannot get a Direct Payment to purchase all of your care from Social Services but you could have some local authority provision and arrange some of your own care with a Direct Payment. In Scotland from June 2003 you will be able to use direct payments to pay for all your care from the local authority.

Other Providers

You cannot get a Direct Payment to pay for services that should be provided by the NHS or services provided by Housing Authorities.

How much money can I get for a Direct Payment?

The local authority will decide how much they will pay, but it must be enough to meet legal requirements and secure services to a standard that is acceptable. They won’t fund services you prefer if these services can be provided more cheaply elsewhere, unless they are satisfied that the benefit to you outweighs the cost and gives best value.

You should discuss with the local authority how you are planning to use your direct payment. You will be responsible for employing people and you need to ensure that you have taken into account their National Insurance contributions, holiday and sick pay, maternity pay etc.

You can use your own resources to purchase additional or better quality services if you wish.

How do I apply for a Direct Payment?

If you are already receiving services from social services you should contact them to ask about direct payments. If you have a named contact or home organiser you could ask them first.

If you have never received any services from social services you need to contact them and ask for an assessment.

How will the local authority decide whether to give me a Direct Payment?

The local authority needs to satisfy itself that you can manage your direct payment (either alone or with assistance) before they will agree to you giving you one.

Managing Direct Payments

If the idea of receiving direct payments appeals to you, you need to be aware of the responsibilities involved. You will have to employ staff and take on the legal responsibilities that this entails. You need to find out as much information about managing direct payments as you can before deciding they are right for you. There are a number of useful publications about direct payments, which may help you to come to a decision – see the useful publication list at the end of the user guide.

What if I need help managing a Direct Payment?

If it has been agreed that direct payments are the right thing for you but you would find it difficult to manage them on your own, the local authority should help you to arrange the management of them via a third party. This could be family, friends an advocacy or support group, but you will control the support you receive to meet your assessed needs.

Is my consent needed for a Direct Payment?

Yes. The local authority can only pay you a direct payment if you have consented to this. You should never feel under pressure to receive direct payments, and you can withdraw your consent at any time. If you choose to withdraw from the direct payment scheme your local authority will arrange services for you in the normal way.

Have I got to pay anything toward a Direct Payment?

The local authority can ask you to make a financial contribution toward your care package. You will normally receive an amount from the local authority toward your care and you will make up the difference. Another way is for the local authority to pay the full amount and you pay the difference to the local authority although it is normally the first option.

If you disagree with the amount you are expected to pay you should make a complaint through the local authorities complaints procedure.

Will the Local Authority keep a check on the services a Direct Payment is being used for?

Yes. The local authority needs to satisfy itself that your needs are being met by the services you are receiving. They will monitor the arrangements periodically, this will be more frequent in beginning and less frequently when they are satisfied that the arrangements are working. The monitoring arrangements should be agreed before you receive your direct payments.

What if I no longer want to receive Direct Payments?

You can decide at any time to discontinue receiving direct payments and have the services arranged by social services. The local authority can also discontinue the payments if they believe your needs aren’t been met or if they think the payments are being misspent. The local authority should inform you if they are planning to stop the payments.

What if there is an emergency and I am left without a service?

You need to make sure that you have plans in place for when emergencies arise. Some examples may be to recruit personal assistants who will work additional shifts for you and who can step in at short notice, or to have an arrangement with an independent agency to provide emergency cover. There still may be occasions when difficulties arise you haven’t anticipated, you should make sure you have a named contact in social services to ask for help in these situations.

INDEPENDENT LIVING FUND

What is the Independent Living Fund?

The Independent Living Fund is a trust set up to provide money for severely disabled people. It is there to help you to arrange your own care so that you can live your life at home as independently as possible. It does this by paying towards the cost of your personal/domestic care. The Fund works in partnership with the local authority to provide a jointly financed care package.

Who can get money from the Independent Living Fund?

You must be receiving a set minimum in cash or services from the local authority before the fund will consider giving you a payment.To be eligible you must be:

• aged 16 and under 66
• receiving the highest rate of care component of Disability Living Allowance and;*
• be at risk of entering residential care, or already be in care and wanting to leave to live independently and;
• live on your own or with people who can’t help with your care needs and;
• be on income support or;
• have an income around income support levels after you have paid toward your care costs and;
• have savings of less than £18,500

*If you receive Constant Attendance Allowance paid as part of Industrial Injuries Disablement Benefit or War Disablement Pension, the Fund can accept an application.

Will I have to contribute?

You will be expected to contribute:

• all of your severe disability premium or special transitional addition if these are added to your income support;
• half of the higher rate care component of disability living allowance;and*
• any income above income support level that is not already been used for care

*If you receive Constant Attendance Allowance rather than Disability Living Allowance an amount equivalent half of disability allowance will still be used.

How do I apply?

You can get an application form from your local authority or you can apply directly to the fund. Applications can be accepted from someone on your behalf but they must be registered in your name. If you are married and you both want to apply to the fund it must be on separate application forms. If you are successful payment will be made from the day the offer was authorised.

How will they decide?

If you meet the requirements the Fund will arrange a visit to assess you. This will be a joint visit alongside a social worker from your local authority and a visiting social worker from the Fund. They will ask you about your care needs, any care arrangements you are already getting and your financial circumstances.

When the local authority has agreed on the services you can receive, the Fund will decide how much it will pay. The award is decided by looking at all your care needs, the services the local authority will provide and any income you have available to pay toward your care.

How is it paid?

It is usually paid four weekly in arrears directly to your bank account. If you can’t manage your own finances the fund can pay money into someone else’s account acting on your behalf, but if they agree to this they won’t get into any disagreements between you and the person who is managing your affairs.

What sort of things will the Fund pay for?

The Fund can be used to meet the needs of your:

• Personal care, including night care. Personal care needed for you to attend leisure, social or educational activities.
• Employing personal assistants to go on holiday with you, but they won’t pay for their travel or accommodation.
• Personal care to help you study at college or university, but not to help you with the work itself.
• Personal care to help you work, but not any duties to perform the work.
• Domestic care such as cleaning and tidying, cooking and preparing meals, washing up, essential laundering and ironing and essential shopping. This must be for your own needs and not any other members of the household.

What doesn’t the Fund pay for?

The Fund won’t pay for the following needs:

• Intensive nursing care.
• Childcare costs, but it may pay for a service being provided to extend to your children such as preparing meals or washing clothes, but it cannot be used for collecting children from school.
• Help toward buying equipment or the running costs of equipment.
• Respite care in a nursing or residential home, but it may consider care in a personal assistants home.
• Attending day centres.
• Social or recreational activities.
• Gardening or home maintenance.
• Your travel or mobility.
• Care needs provided by close family members in the same household.

ACCESS TO WORK SCHEME

What is the Access to Work Scheme?

The Access to Work scheme is available to help disabled people to overcome practical obstacles in their working environment. Run by the Jobcentre Plus, it is for disabled people in paid employment, including self-employment, it offers practical advice and help tailored to suit the disabled person’s needs. The job can be part-time, full time, permanent or temporary.

What sort of help can I get?

Some examples of help that access to work can pay for are:

• a communicator if you are deaf or have a hearing impairment and need a communicator when you attend an interview
• a reader at work, if you are blind or have a visual impairment
• special equipment (or alterations to any equipment you already have) to suit your work needs because of a disability
• alteration to the premises or your work place if it is needed because of your disability
• a support worker if practical help is needed because of a disability either at work or getting to work
• help towards getting to work if you can’t use public transport

How much will they pay towards this help?

If you are unemployed and have a job to go to, or have taken a new job or you are starting in self-employment, access to work will meet all the approved costs.

If you are already in a job and you have been employed for more than six weeks access will meet up to 80% of the approved costs after the first £300.

If the total approved exceed £10,000 over three years Access to work will meet 80% of the cost between £300 and £10,000 and 100% of the cost over £10,000.

How do I apply?

The Jobcentre Plus will put you in touch with an access to work adviser who is a member of the Jobcentre Plus Disability Service Team and is usually based in the Jobcentre Plus office.

The access to work adviser will discuss access to work and explain how to apply. Once the access to work is in place the adviser will keep in touch with you to make sure everything is going smoothly.

If you aren’t satisfied with the advice or service you get from the access to work team, you can contact the access to work adviser team manager and ask about their review arrangements, they should contact you within ten days.

Finally

If you are attending an interview it is worth mentioning to the interviewer that you can get a range of help through Access to Work. The rules for access to work can change at any time the access to work team will make sure you have the most up to date information. You could suggest at the interview that the employer contact the access to work team to find out more.

If you are already in work the access work adviser will usually arrange to visit you at your place of work.

FURTHER HELP OR ADVICE

If you want help or advice about anything mentioned in this user guide your LOCAL DIAL may be able to help you. You will find details of your LOCAL DIAL at the end of this user guide, on the DIAL UK website www.dialuk.org.uk or by contacting DIAL UK Tel: 01302 310123

USEFUL ADDRESSES, PUBLICATION AND WEBSITES FOR DIRECT PAYMENTS

Royal Association for Disability and Rehabilitation (RADAR)
12 City Forum, 250 City Road, London. EC1V 8AF.
Tel: 020 7250 3222

National Centre for Independent Living
250 Kennington Lane, London, SE11 5RD
Tel: 020 7587 1663
Fax: 020 7582 2469
Minicom: 020 7587 1177
e-mail: ncil@ncil.org.uk
web: www.ncil.org.uk

Department of Health (Public Enquiries)
Richmond House, 79 Whitehall, London SW1A 2NS
Tel: 020 7210 4850
www.doh.gov.uk

Useful Publications

Community Care (Direct Payments) Act 1996
TSO, PO Box 29, Norwich, Norfolk, NR3 1GN.
Tel: 0870 600 5522
Fax: 0870 600 5533
Web: www.tso.co.uk

Community Care (Direct Payments) Act 1996 – Policy & Practice Guidance
Department of Health (Health Literature Line) PO Box 777, London, SE1 6XH Tel: 0800 555 777 Web: www.doh.gov.uk

Direct Payments from Social Services – Age Concern Factsheet 24
Age Concern Freepost (SWB 30375) Ashburton, Devon, TQ13 7ZZ
Tel: 0800 00 99 66

Everything you need to know about getting and using direct payments
250 Kennington Lane, London, SE11 5RD
Tel: 020 7587 1663
Fax: 020 7582 5469
Minicom: 020 7587 1177
e-mail: ncil@ncil.org.uk
web: www.ncil.org.uk

An easy guide to Direct Payments
Department of Health (Health Literature Line), PO Box 777, London, SE 16XH
Tel: (0800) 555 777
e-mail: doh@prolog.co.uk
web: www.doh.gov.uk

Personal Assistant Employer’s Handbook
West of England Centre for Integrated Living
Leinster Avenue
Knowle West
Bristol BS4 1AR

Social Work and Direct Payments
Marston Book Services, PO Box 269, Abingdon, Oxon, OX14 4YN
Tel: (01235) 465 500
Fax: (01235) 465 556
Email: direct.orders@marston.co.uk

USEFUL ADDRESSES, PUBLICATIONS AND WEBSITES FOR THE INDEPENDENT LIVING FUND

Further Information can be obtained from
Independent Living Funds
PO Box 7525
Nottingham NG2 4ZT

Useful Addresses

National Centre for Independent Living
250 Kennington Lane,
London, SE11 5RD
Tel: 020 7587 1663
Fax: 020 7582 5469
Minicom: 020 7587 1177
e-mail: www.doh.gov.uk
web: www.ncil.org.uk

Useful Publications

Personal Assistant Employer’s Handbook
West of England Centre for Integrated Living
Leinster Avenue
Knowle West
Bristol BS4 1AR

Everything you need to know about getting and using Direct Payments
National Centre for Independent Living
250 Kennington Lane,
London, SE11 5RD
Tel: 020 7587 1663
Fax: 020 7582 5469
Minicom: 020 7587 1177
e-mail: ncil@ncil.org.uk
web: www.ncil.org.uk

Useful Websites

www.dwp.gov.uk
www.dpscotland.org.uk
www.doh.gov.uk
www.ncil.org.uk
www.tso.co.uk

USEFUL PUBLICATIONS AND WEBSITE FOR THE ACCESS TO WORK SCHEME

Access to Work

Information for Disabled People
Available from Local Job Centres and Disability Service Team Officers
Free

Information for Employers
Available from Local Job Centres and Disability Service Team Officers
Free

Useful Websites

www.jobcentreplus.gov.uk

Contact your local DIAL group if you require further information. Details of the local group can be found on the Find a Dial section of the DIAL UK website www.dialuk.org.uk or by contacting DIAL UK Tel:01302 310123.