Cambridgeshire County Council Children s Social Care Direct Payments Frequently Asked Questions

Transcription

1 Cambridgeshire County Council Children s Social Care Direct Payments Frequently Asked Questions What is a Direct Payment? A Direct Payment is a cash sum of money paid to you on behalf of your child who has either a special educational need; health need or a disability social care need. This money is paid through Cambridgeshire County Council on behalf of all the above. A Direct Payment is an alternative to receiving a service directly provided by or arranged by the Local Authority or Health. A Direct Payment gives you more choice, control and flexibility in arranging and purchasing services that meet your child s needs. 1

2 Who can manage a Direct Payment and what support is available to me? As a parent you can manage the Direct Payment on your child s behalf. However if you feel unable to do this, Cambridgeshire County Council has commissioned Purple ( to help you understand and manage Direct Payments. This service is free. They also offer managed accounts and payroll services which help you sort out paying wages, tax and National Insurance etc. Many people using Direct Payments, who employ someone directly (i.e. not through an agency), use a payroll service to cut down on the amount of paperwork they have to do. There will be a charge for these services which will be accounted for out of your personal budget. If you have any worries or concerns about managing the Direct Payment you can discuss this with your social worker or see our useful contacts at the end of this document. Disabled young people aged 16 or over can manage Direct Payments themselves, if they want to and have the capacity. Even doing a small part of this for themselves can help them get used to being independent. If it is agreed that your child manages their own Direct Payment they will get as much support as is appropriate. This support can come from you or another family member or friend, their allocated Social Worker, Purple or an advocate. I don t want Purple to manage my account. Can another organisation do this? You can approach alternative organisations/individuals to provide holding account and payroll services; however Cambridgeshire County Council would need to be satisfied that they have the ability and assurances to do this. Cambridgeshire County Council would only pay up to the equivalent of what Purple charge. No financial gain can be made by a member of your family for providing such services. How is it decided how much money I get? To receive Direct Payments you will have had an assessment from Children s Social Care (or a self-assessment via the Disabled Children s Early Help Team) and agreement that your child meets the eligibility criteria. The amount of money you will get depends upon the needs identified in this assessment. 2

3 Please note that any monies paid are to assist you in meeting your parental responsibilities and do not replace your parental responsibility. This means that you are still expected to take your child to activities and pay for them to attend activities, and to pay for food etc. You re Social Worker or Early Help Coordinator and their manager will agree the annual personal budget for your child. Your allocation will last for one year with the expectation that the money is spent within that year. A Direct Payment will enable you to purchase services of the same quality and quantity as social care services could otherwise provide to meet those needs. This means that if you plan to use your Direct Payment to employ someone directly, the Direct Payment will give you enough money to pay them a reasonable hourly wage, paying National Insurance, tax, holiday pay, statutory sick pay, employers liability insurance and public liability insurance, and employer pension contributions where applicable. You need to ensure that you allow for tax, NI contributions, sick pay, holiday pay and any other employment over heads when working out the hourly rate you can afford to pay your carer from your Direct Payment budget. Purple will advise you of your tax and National Insurance obligations and help you calculate the hourly rate you can afford to pay your carer based on the Direct Payment budget your are allocated. Direct payments give you a lot more flexibility. With the agreement from your Social Worker (and documented in your child s care plan/young persons plan/support plan) you may be able to save up hours to use in the school holidays or for emergencies as long as they are spent within the year of allocation. Do Personal Assistants need a Disclosure and Barring Service (DBS) check? (Formally known as a CRB) YES and this came into force on 10th September This may mean applying in retrospect if you already employ a Personal Assistant due to a change in legislation called the Protection of Freedoms Act If you are employing a Personal Assistant (PA) you will need to ensure that they have a current ENHANCED DBS check. If your child is cared for in the Personal Assistant s home then all the people living at the PA s home address over the age of 16 years will also require a DBS check, this should be paid for by the employee. The cost of a DBS Check should be paid for by the employee. The DBS certificate is returned to the employee and you will have to ask to see it to ensure it does not disclose any safeguarding issues. You should record the DBS reference number for your records. 3

4 An employee can now register their DBS certificate number once received (called the Update service). This must be done within 14 days and an annual fee applies (paid for by the employee). This makes their DBS check portable to other employers, gives employers permission to check certificates on line, see who has checked it and add or remove a certificate. Please check whether any employees of yours have done this as this means you can check their status online ( If your PA already has an Enhanced DBS or CRB check as they have or have had another job within the last 3 years then they do NOT need another DBS check completing. However as the employer it is your responsibility to make sure you see the certificate and are satisfied it is in date with no relevant safeguarding issues. You should record the DBS reference number for your records. You MUST report any relevant convictions to your child s Social Worker/Early Help Coordinator immediately and if appropriate you will be advised not to further the employment. Purple can organise the DBS check on you and your employee s behalf and they will also be able to give you any advice or assistance required around DBS checks:- Purple Ivan Peck House Ground Floor 1 Russell Way Chelmsford Essex CM1 3AA Tel: cambridgeshire@wearepurple.org.uk NB: Please note that no Direct Payment funds can be released until a satisfactory DBS check has been seen by you as the employer and we have received a signed declaration form from you as the employer to confirm this. Do I have to pay tax and National Insurance (NI)? If your employee is liable to pay tax and NI on their earnings then it is your responsibility to ensure this is paid. You should factor in the cost of tax and NI before you agree the hourly rate of pay with your employee. The tax and NI contributions come out of the Direct Payment allocated. Please contact Purple for advice. 4

5 Do I need Employer s Liability Insurance? Yes, if you are an employer you need to have Employer s Liability Insurance. Purple can help you with this should you want help sourcing the right policy. Please note that if your carer/pa does any of the following tasks you need to have a type of Employer s Liability Insurance which includes medical procedure cover. Administration of drugs; severe allergic reactions and the use of auto injector in emergency situations; management of asthma and first aid in the event of an attack; epilepsy management and first aid in the event of an attack; nasogastric feeding and care; administration of enemas; administration of medication by nebuliser; administration of oxygen; gastrostomy feeding and care; oral suction; administration of rectal diazepam; administration of buccal midazolam; colostomy care; tracheostomy care; urostomy care; changing of dressings; application of compression garments; bowel care; monitoring of pressure areas; insulin injections; infusion pumps; chest/limb physiotherapy; catheter care; monitoring of vitals inc. blood sugar; ventilator care. Do I need to contribute towards the Direct Payment? No, Children s Social Care does not financially assess parents/carers before agreeing Direct Payments and services. You may choose to purchase additional services or top up your Direct Payment to purchase a more expensive service than your direct payment allows if you wish. My Direct Payment isn t enough to purchase what I need - What can I do? You need to speak to your Social Worker/Early Help Coordinator and discuss whether a reassessment of your child s needs is appropriate. This may then result in an increase in the personal budget. What happens if my child needs 2:1 care? It will have been identified in the assessment process whether your child needs 2 carers to meet their needs. If this is the case the personal budget should reflect this i.e. you will receive twice the amount so you can purchase the time of 2 carers per hour to care for your child. My Child has health needs can I still have a Direct Payment? If your child meets Continuing Health Care criteria or has a lifelong health need, as defined by the Health Authority, then you may be entitled to a Personal Health Budget. You should contact your lead health professional to discuss this. 5

6 If Social Care allocates a Direct Payment/Personal Budget to your child with such health needs the budget must be (and can be combined with an Education and Health Budget) used to meet the agreed Social Care needs and outcomes. Depending upon your child s diagnosis any paid carer may have to be assessed by a qualified nurse to agree they are competent in delivering the health care. For further advice discuss this with your Social Worker or Community Nurse. My child has an Education, Health and Care Plan how are Direct Payments Managed? Children s Social Care will administer and monitor the Direct Payment on behalf of Health and Education in the same way as we manage our own Direct Payments. You only need one Direct Payment account irrespective of whom or how many organisations pay into the account. Please refer to Cambridgeshire County Council s website for further information of Education, Health and Care Plans. What happens if my child s needs or our needs as parents change? If the needs of your child changes then you need to discuss this with your Social Worker and they will complete a reassessment if appropriate. As a parent of a disabled child up to the age of 18 you are entitled to have your needs (re) assessed through a Carer s Assessment at any point that your child is being (re) assessed. However a Carer s Assessment does not entitle you to a Direct Payment from Cambridgeshire County Council in your own right, but if extra support is needed for your child because of your needs this will be taken into account within your child s personal budget/services offered. What can Direct Payments be used for? A Direct Payment has to be used to meet the needs and outcomes that you agreed with your child s Social Worker/Early Help Coordinator and what is written down in your Care Plan/Young People s Plan. Providing assistance with personal care by employing your own care workers/ personal assistants. Contracting with an agency. Buying equipment agreed by Social Care. Assistance to purchase short breaks (respite). Assistance with essential domestic care tasks, which are essential to meet the assessed needs of the child and is evidenced in your overall 6

7 care plan. Assistance to access facilities or activities to promote social inclusion. Assistance with initial start-up costs, such as advertising. It is accepted that no two children or family are the same and as such the above list is not exhaustive. Government guidance to Social Care services () states that by exploring innovative and creative options, people should be encouraged to identify alternatives that meet their needs more effectively. So don t be afraid to suggest to your Social Care Practitioner ways that Direct Payments could be better used to meet your child s needs. To support your child s independence and preparing them for adulthood. What can t I use Direct Payments for? To buy permanent residential care. To purchase any residential care (excluding specialist activity holidays) To purchase overnight short break respite outside of the family home without the express permission of your Social Care Team/Unit. To buy services owned by Cambridgeshire County Council or any other Local Authority. To buy health-related services or equipment that should be provided by the NHS, unless a health personalised budget is in place to facilitate this. To make major adaptations to your home that would come under the Disabled Facilities Grant. Use Direct Payments to employ a partner or a close relative who lives in the same household unless Social Care Services are satisfied that someone s needs could not be met any other way. Section 79D of the 1989 Children Act states that anyone caring for a child under the age of 8 for over two hours a day for payment in their own home has to be registered with Ofsted as a childminder. Who decides what I can spend the Direct Payment on? The decision what to spend the Direct Payment on is decided by you as the parent/carer, your child and the Social Worker/Early Help Coordinator (or if applicable your Health or Education lead worker). Your child will have either a Care/Early Help Plan, or a Young Person s Plan which are documents the government sets for us to record information on. The plan will state what you have agreed to spend the money on. You can only change what you spend the money on with the agreement from your Social Worker/Early Help Coordinator (or if applicable your Health or Education lead worker) and any changes must be recorded in either the Care/Early Help Plan or Young Person s Plan. 7

8 Can I pay for overnight care for my child? The Disabled Children s Service commission overnight short breaks through Action for Children or with our in house LINK Service. It is therefore expected that all overnight short break needs will be met through the above services. In extreme, exceptional circumstances, and if this is an assessed need by your Social Worker, and also supported by the Disabled Children s Allocation Panel, Direct Payments can be used to pay a carer to provide overnight care, this will be recorded on your child s agreed plan. Overnight short breaks can only be accessed through a social work assessment and ongoing reviews from the Disabled Children s Social Work Service. Therefore any child within the Disabled Children s Early Help Service cannot use their personal budget to purchase overnight short breaks. It is expected that families within the Disabled Children s Early Help Service use their natural support to meet the needs a parent identifies for an overnight short break. It is Cambridgeshire County Council s policy that most children would be over the age of 10 before overnight short breaks are agreed. If your child is staying at the Direct Payment Worker s home then the following must be adhered too. The child must be over the age of 10. Appropriate introductions are made between the child and carer prior to any stay overnight. The child has to have their own bedroom. The home needs to be safe and of reasonable standard. The Social Worker has to be given access to inspect the home and see the child in placement. The Direct Payment worker must provide information to the Social Worker as requested and be prepared to attend relevant meetings. Any individual needs of the child are met in respect of safety in the home i.e. stair gates, enclosed garden etc. Any specialist equipment should be available if there are specific moving and handling needs. Appropriate staff ratios should also be adhered to with regard to this moving and handling. Where appropriate the employer will write a risk assessment. The carer is trained appropriately to meet the specific needs of the child. DBS checks are in place (for all over 16 years of age within the home). The employer has to have Employers Liability Insurance. The employee needs to have appropriate home insurance. If your child is over the age of 16 a Mental Capacity Assessment may need to be completed. 8

9 How long does my Direct Payment last? Unless otherwise stated your Direct Payment will be for twelve months. What happens if I don t spend my Direct Payment within the Twelve months? If you don t spend the Direct Payment within the allocated twelve months we will either readjust your next allocation to reflect this or reclaim the unspent money. Can I save the money up? Yes, but it needs to be spent within the year of the allocation agreed and documented as part of the Care/Early Help Plan/Child and Young Person s Plan by your Social Worker/Early Help Coordinator. Any money left in the account after the year will be reclaimed or your next allocation will be adjusted to reflect the remaining money. Can I borrow money from my direct payment account? No, and if you do your Direct Payment will be stopped (alternative services may be provided). Cambridgeshire County Council classes this as theft and as such may consult the police to investigate this further. Funding for a Direct Payment always remains the property of Cambridgeshire County Council and can only be used for the agreed purpose written in your child s Care Plan, Early Help Plan or Young Person s Plan. Will Direct Payments affect my benefits? No Direct Payments are not extra money to spend as you want on things like food; they are in place of help from social care services. They do not affect the benefits you get as they are not income. However, if you employ someone who is claiming benefits this may affect their benefits, so check. If your child is having 28 overnight short breaks a year and is in receipt of Disability Living Allowance then you should advise the benefit office as this may affect their Disability Living Allowance. Can I employ a relative? Only in exceptional circumstances and with the agreement of your Social Worker/Early Help Coordinator. It is expected that Grandparents, Aunts, Uncles, Cousins etc. would provide natural support to disabled children without payment like they would for any child within their family. 9

10 If exceptional circumstances exist and the relative does not live within the same household as your child and your child is over the age of twelve there may be scope to offer employment subject to this being in the best interests of your child and proper contractual arrangements are met. Your Social Worker/Early Help Coordinator would need to agree this and it would be recorded in the Care Plan, Early Help Plan or the Young Person s Plan. If an emergency or planned situation arises (e.g. you are admitted to hospital) and it is agreed by your Social Worker to use a relative to provide the care to your child, only their loss of income (net) may be paid to them by Cambridgeshire County Council upon presentation of appropriate documentation from their employer up to a maximum of 500 per week. This policy changes and replaces a family being allocated a Direct Payment to pay a family member directly in such circumstances. Can I spend the money on a holiday? As a parent it is your responsibility to decide whether you are able to afford to take a family holiday or pay for your child to go on school trips, etc. However Cambridgeshire County Council acknowledges that you maybe financially disadvantaged by caring for your disabled child or that the family holiday may cost more due to your child s additional needs. We also understand that a holiday can be a short break (respite). In understanding this and subject to agreement by your Social Worker/Early Help Coordinator, direct payments can be used to:- Pay for a carer (not a parent or anyone else that normally lives in the same household as the child) to accompany your child on holiday, including their accommodation, travel, and wages etc. Pay for your child to go on a holiday without parents e.g. an activity holiday. Please note that this does not include school related trips and holidays. Pay for any additional expenses that may be incurred if specialist accommodation, equipment etc. is needed. Can I spend the money on travelling expenses? Like all parents it is your responsibility to transport your child to events and activities or make arrangements for this to happen. It is also expected that where people choose to live directs the choices about where they go for activities. If you get mobility allowance through DLA/PIP then this should be used to support your child s transport needs. The council does acknowledge that activities suitable for disabled children are not always local to you and that non disabled children when they reach about the age of twelve would normally have a level of independence to get themselves around. Therefore in exceptional circumstances there is some 10

11 flexibility to use Direct Payments to pay a personal assistant to take your child to an agreed activity. A reasonable mileage rate of up to 45p per mile can be paid only if you re Social Worker/Early Help Coordinator agrees and this is recorded in either the Care Plan, Early Help Plan or the Young Person s Plan. Direct Payments can be used to pay for the cost of any travel expenses occurred for the child and personal assistant if travel training is being undertaken e.g. train and bus tickets. Can I spend my money to purchase music lessons? As a parent it is your responsibility to decide whether you are able to afford to pay for music lessons for your child. In exceptional circumstances where the music lessons will lead to inclusion and social activities your Social Worker may agree this expenditure however Cambridgeshire County Council will not pay for music exams or any associated tutor books/sheet music etc. Can I pay for an After School Club using my Direct Payment? Yes but only if it is outlined in your child/young person s plan that an After School Club can be purchased to meet your child/young person s agreed outcomes. Social Care will not fund the use of After School Clubs if you need to use them for child care to enable you to work, this would be your financial responsibility like all parents. However if additional costs are incurred, e.g. the need for increased staffing levels etc then the After School Club can apply to the Cambridgeshire County Council for funding to cover such costs. Please note that After School Clubs will not be agreed as part of your Child/Young Person s Plan if it is evident that your child/young person s life experiences are only within their home and school environment. Social Care would need to see evidence of your child accessing their community as well. Can I pay for a Blue Badge out of my Direct Payment/Personalised Budget? No, if your child/young person meets the criteria for a Blue Badge then it is your responsibility to pay for this, or use your child/young person s disability benefit. This applies even if your child s personal assistant uses the badge to take them out into the community. What happens if my child goes into hospital whilst getting a direct payment? If it is likely that your child is going to be in hospital for less than six weeks the Direct Payment would continue. However if they are going to be in for longer then you need to advise your Social Worker and a decision will be made 11

12 whether to suspend the payment until your child is out of hospital. The decision will take into account ongoing commitments such as having a contract with a Personal Assistant. If the situation continues for a lengthy period of time and you are employing Personal Assistants then issues of redundancy will need to be explored. Your Social Worker will not be able to advise you on issues of being an employer; however Purple can (see their details at the end of this document). Does Social Care know how I am spending the money? Social care has a responsibility to make sure that you are purchasing services that are safe and meeting the needs of your child. Your Social Worker/Early Help Coordinator will review your plan at least every six months through a Child in Need process. This will involve talking about what you are purchasing and how this is helping the family and meeting your disabled child s needs and outcomes. The Social Worker/Early Help Coordinator will also ask to see the Direct Payment bank account statements etc. You need to keep all receipts/invoices/payslips etc. and Social Care will request that you return these together with a monitoring form that will be sent to you, for audit alongside a copy of the bank statement. Can Social Care stop the Direct Payment? In some circumstances Social Care can stop your Direct Payments but we need to give four weeks notice in writing:- If you do not make the required returns for monitoring this means that Cambridgeshire County Council will be unable to confirm that the Direct Payment is being spent as agreed. If Social Care assess you are no longer eligible. If there is evidence that you are using the Direct Payment in a fraudulent way or in a way that is not safe or legal. In this circumstance you will be written to giving you four weeks notice that your Direct Payment will be suspended until further investigation is made. A decision will then be made whether to reinstate the Direct Payment or stop them. During this process your Social Worker will offer alternative services subject to their availability. If you do not comply with Cambridgeshire County Council s Child In Need processes. Your Direct Payment will be stopped without notice if:- You move out of Cambridgeshire. If you decide you no longer want to receive them. 12

13 What happens when my child reaches 18 years of age and they are open to the Social Work Team/Unit? Your child will then transfer into Adult Services and the Direct Payments made by Children s Social Care will stop on their 18 th birthday. You will be asked to do a final monitoring and any money remaining will be reclaimed by Children s Social Care. By the time your child is 18 your child s Social Worker will have completed an Adult Social Care Assessment and support plan and submitted this to the Young Adult Team s Panel (or equivalent) for agreement. You will then know the agreed personal budget beyond your child s 18 th birthday. As a parent can I make a charge against the Direct Payment account? No, it is expected that unless you use Purple (or an agreed equivalent) you administer the account on a voluntary basis under your parental responsibilities, so you cannot charge for your time, stamps, envelopes, storage equipment for paperwork, telephone calls, mobile phones etc. How do I manage the Direct Payment? Some things will need to be sorted out before you start. You will need to plan in advance with your Social Worker/Early Help Coordinator how you are going to spend the money. This will be recorded on either a Children s/young Person s Plan, Support Plan or a Care/Early Help Plan. Cambridgeshire County Council will ask you to sign an agreement before you start to receive Direct Payments. This agreement will say that the money can only be used to meet your child's assessed needs/outcomes and set out other conditions. Make sure you are clear about everything in the agreement before you sign it. You will need to open a separate bank account before payments can start, so the money can be kept apart from any other money. This makes it easier to keep track of how it is spent. Please note that you can open the bank account solely in your name whilst your child is under the age of eighteen, however if you continue to use a Direct Payment for care into adulthood a new account will need to be opened which will include your child s name. You will need to give Cambridgeshire County Council some information about how you have spent your direct payment. You will have to keep bank statements and receipts for anything you spend the money on. 13

14 Do I have to become an employer? No. You may choose to use your Direct Payments to pay for a service such as a private nursery, a childminder or a short breaks care agency. Using an agency: May be necessary to meet any special medical needs. Means that you have no responsibility for employment issues. However: They may be more expensive. You may have less say in who delivers the care. You may want to pay someone directly with your Direct Payment and therefore become the employer. If so you should seek advice from Purple. Purple can help you throughout the process including helping you advertise and interview people. This service is free to use and they are experts. Social Care staff do not have the expertise to offer advice on these issues. There are advantages and disadvantages to becoming an employer. Employing yourself:- Gives you more control over who looks after your child. You may already have someone you know who would be good at the job. However:- More paperwork and more responsibilities. Cambridgeshire County Council insists that anyone choosing to receive Direct Payments, and employ personal assistants using them, will have a Disclosure and Barring Check (DBS) check carried out on all carers. DBS checks can be carried out for you via Purple. The cost of the DBS check is the responsibility of the personal assistant/carer. Stages of employing someone: Purple can help you with the following:- Write a job description What will the job consist of? What hours will they work and how much money will they get? Write a person profile What sort of person you are looking for? What must they be good at? 14

15 Decide on the application process, do you want applicants to:- Write a letter with their CV or fill in an application form? It is important to get the names and addresses of two people who can give them a reference. Purple offer a telephone application service in order that you can keep your anonymity. Advertise The advert should state the nature of the work i.e. Personal Assistant required to look after young person whose behaviour challenges, including information on the amount of hours, the general local area and a contact number. Details of the actual role along with the wage offered can be sent out with application forms to reduce advertising costs. Interviewing Your local jobcentre or library should be able to offer a room that you can use to interview for interviewing. Purple can assist with this; they can also accompany you in the interviews if required and draw up a list of questions you might like to ask each candidate. Checks and references You need to write to the person s two referees to ask for references, once received telephone them to discuss. At the point of offering the job also need to check any gaps in employment and the reasons for this. Criminal Record Bureau checks should be made. These steps are important even if you know the person you are employing. Drawing up a contract It is important to have what you want an employee to do, and what they can expect from you, set down in a contract, in case you have any problems in future. You can ask Purple for help with this. If you employ someone you have some legal responsibilities. The easiest way of getting this right is to get help from Purple ( If you have any questions about your responsibilities for paying tax etc. ask Purple, or if you think that the person working for you may count as self-employed, speak to your local Inland Revenue office. There is also a national helpline for new employers on Is my employee entitled to holidays/holiday pay? Employees are entitled to the equivalent of four weeks leave a year. For example, someone working two days a week who took four weeks off would be entitled to eight days paid leave per year. While your regular employee takes a holiday, you may need to employ someone else, so a small amount of money should be put aside each month for this and ideally a bit more for emergencies. 15

16 Purple or your Social Worker can help you plan for this, and the way you decide to spend your Direct Payment should have an amount included for these on-costs. Do I have to provide a Work Place Pension (Automatic Enrolment Scheme) for my employees? The law on workplace pensions has changed. If you employ someone, you are legally required to make payments into a pension scheme for any employees that meet certain criteria. This is called automatic enrolment or auto enrolment for short. If you employ your personal assistant(s), you will need to automatically enrol them if they meet certain criteria based on their age and how much you pay them. Even if your employees do not meet the criteria you still need to be registered with The Pensions Regulator, which is the governmental department that looks after auto enrolment. You will receive a letter from The Pensions Regulator which will give you a staging (start date). Not everyone has the same staging date. This letter asks you to nominate a contact to receive information about auto enrolment on your behalf. You should nominate yourself (as the employer) as the primary contact with Purple (or whichever payroll provider you use) as the secondary contact. Once you are registered you will need to check if any of your employees need to be enrolled. If they are aged over 22 (and under state pension age) and earn over 192 per week, you will need to provide a pension for them. If they earn over 112 but less than 192 per week, they have the right to ask you to provide a pension. For employees who meet the criteria They will have to be given a pension scheme. They can choose to opt out within a month of that pension scheme starting. Employees who wish to opt out of the pension scheme will need to contact the pension scheme provider directly; this cannot be done for them. For employees who do not meet the criteria They will not automatically be given a pension scheme. If they earn over 112 per week, you will have to contribute to a scheme as you do for eligible employees. If they earn less than this you are not obliged to contribute. If you use Purple as your payroll service then please contact them directly and they will be happy to help, and have systems in place for this purpose. If you use a different payroll provider you will need to contact them directly for advice. 16

17 Please be assured that if this does affect you any additional costs to your personal budget will be met by Cambridgeshire County Council. Please discuss with your Social Work Team/Unit. Can I recruit a Personal Assistant who is under the age of 18? It is the policy that Personal Assistants should be aged 18 years and over. This is to safeguard both your child and the employee. However, if your child/young person is aged 16 years or over and has the mental capacity to decide that they want a Personal Assistant under the age of 18, but over the age of 16, consideration will be given by the Group Manager. In order for the Group Manager to make a decision the Social Worker will need to evidence that your child/young person understands the risks of employing someone under the age of 18 and the associated issues of employing someone so close in age to themselves. I have a disabled child but don t receive Direct Payments? If you are receiving an arranged provision, a service owned by Cambridgeshire County Council or an organisation that is paid by the Council to provide services, you can choose to have Direct Payments instead. If this is the case you need to discuss this with your Social Worker/Early Help Coordinator. There is no reason why you could not keep using services that you are happy with, and replace others with Direct Payments. You could also do this if you would like to try out Direct Payments, but are not sure whether they are right for you. When you are receiving Direct Payments, you are always free to go back to directly provided services if you want, subject to availability. Do I have to provide training for my Personal Assistant? If your child has any of the following health conditions then all personal assistants that you employ will need to be trained in their competence by a qualified nurse or equivalent to meet these specific needs. Your Social Worker will make the referral on your behalf to the appropriate trainers Epilepsy using Midazolam or similar Gastrostomy Oxygen Tracheostomy Catheters Suppositories Epipens Injections Inhalers/asthma if unstable Moving and Handling 17

18 Cambridgeshire County Council strongly recommends that you encourage your personal assistants to access additional training to support them in looking after your child and also to support their career development. Please visit /disabledchildren to see the training that is offered to Personal Assistants. All training is free of charge at the point of delivery although personal assistants cannot be paid for their time to attend this training from your Direct Payment unless there is specific agreement by Social Care Management. How will my Direct Payment be paid? If the Direct Payment is less than 3000 a year this will normally be paid as an annual lump sum. If the Direct Payment is in excess of 3000 a year it will normally be paid in monthly installments. The Self-Directed Support Administration Team does look at each individual plan to put together a suitable payment schedule. What is the process to receive a Direct Payment now the allocation has been agreed? The following details the steps that need to be completed before you can receive the Direct Payment funds:- Step 1 The Self Directed Support Business Support Team will make a referral on your behalf to Purple for information and/or services around what it means to receive a direct payment and your responsibilities. Purple will also assist with any payroll or associated services that may be needed if applicable. Purple may be able to do this in a phone call or if payroll or other services are required they will need to visit. Please note that it is our policy that everyone who opts to receive a Direct Payment is referred to Purple (even if the payment is not being used to employ a personal assistant) so that they fully understand what is involved in receiving a Direct Payment. This information service is free to the family. Step 2 When feedback is received by the from Purple advising that contact has been made with you and that you fully understand what it means to receive a Direct Payment and are happy to proceed with this provision; they also advise us that any payroll services required are set up and ready to go. 18

19 Step 3 Once this feedback is received from Purple, the Self Directed Support Business Support Team will send you out a formal Offer Letter, Contract and any other associated paperwork. You will need to read this paperwork carefully and sign and return one copy of the contract/agreement and complete the BACS form with the details of the account you are setting up to receive the payments. Step 4 When the signed contract/agreement and completed BACS form are received back by the Self Direct Support Business Support Team the bank account details are then forwarded onto our Finance Team to be set up on our payment system. Please note that once we make the payment this can take up to five working days to clear in the direct payment account. NB: Please note that if you are using any of the Direct Payments Funds to employ a personal assistant we will not be able to release these funds until you complete and return a DBS Declaration Form. This confirms to us that you, as the employer, have seen and have a copy of a satisfactory DBS check for all of your employees. Some Useful Contacts:- Cambridgeshire County Council Children s Services Direct Payments Sds.businesssupport@cambridgeshire.gov.uk Cambridgeshire County Council Group Manager anita.hewson@cambridgeshire.gov.uk Purple Ivan Peck House Ground Floor 1 Russell Way Chelmsford Essex cambridgeshire@wearepurple.org.uk Inland Revenue New Employer s Helpline Tel: Website: Cambridgeshire County Council Education, Health and Social Care Plans d_disabilities_local_offer/528/education_health_and_care_planpend 19