Direct Payments in Bromley

Direct Payments in Bromley Information and Guidance for users and carers May 2014 http:/bromley.mylifeportal.co.uk 1

Contents Section Title Page No 1 Frequently Asked Questions and useful information 3-4 2 About Direct Payments (DP) 5-6 3 How do I manage my Direct Payment? 7-11 4 Signing the Agreement 12-13 5 Employing a Personal Assistant 14 17 6 Using Agencies 18-20 7 Keeping Good Records 21-22 8 When things happen... 23-24 9 Contact details for: Vibrance ecdp Bromley Social Services Direct. 25 2

Section 1 Frequently asked questions and useful information Did you know? The most important thing about receiving a Direct Payment (DP) is that you are in control of your care and support service. However, this does not mean doing it all yourself. Managing a DP may sound daunting, but do not worry there is plenty of help at hand to support you. You can get more information from Vibrance who are commissioned by London Borough of Bromley to provide support for residents receiving a DP. Contact details can be found at the back of this document. You can receive a DP and employ a Personal Assistant (PA) without having to manage the payroll function. Essex Coalition of Disabled People (ecdp) have been commissioned by London Borough of Bromley to provide support to manage the financial aspects of employing people to provide your support. Contact details can be found at the back of this document. 3

Direct Payments are not a benefit the money comes from Bromley Council to meet your assessed social care needs and are an alternative to services which are organised for you by the Council. Direct Payments give you greater choice and control over how your needs are met. Having a Direct Payment does not affect your benefits and does not count as income. You can add your own money to top up your Direct Payment allowing you to be more flexible and creative when organising your care and support. You can mix your arrangements by choosing some services from the Council and by receiving a proportion of your Direct Payment to provide other services. There are no difficult forms to fill in - on some occasions we only need a copy of your bank statements to check your budget is working properly. You may be able to employ a family member to provide your care and support, if they do not live in the same house. Please talk to your allocated worker about this issue. If having tried them you find that DPs do not work for you then we can arrange services for you. If you are caring for someone who does not have Mental Capacity, you can ask to be appointed as a suitable person to manage their DP for them. There is more information about this later in this booklet. Most people who use a Direct Payment say that they would never go back or choose to have their services arranged for them again. The most important thing is that you are in control of the care and support that is provided to you. DPs mean you have freedom, choice, control and flexibility in your life to have the help you need when and where you need it by arranging it for yourself. 4

Section 2 About Direct Payments (DP) Direct Payments are not a benefit but is funding provided by Social Care Services to meet your assessed social care needs and allow you greater level of Choice and Control over your service provision. Who can get a Direct Payment? Children, adults and older people who live in Bromley and have: a physical disability; a sensory impairment; a learning disability; a long term medical condition including HIV/AIDS; mental health support needs. Direct payments are also for: parents/carers of disabled children; disabled parents; carers who have received a carer's assessment 5

To be eligible for a Direct Payment you will need to be assessed by Social Care who will apply the Fair Access to Care (which can be found at www.bromley.gov.uk/info/200050/help_for_adults/117/ adult_social_services_support/2) criteria to decide if you need assistance and what level of assistance you will need. Once the assessment is completed and if it is found that you are eligible for assistance, the Council will advise you of your indicative Personal Budget - this is the amount of money that Social Services think will be needed to pay for your social care needs. The Council will then carry out a financial assessment to determine whether you need to make a contribution to your Direct Payment. The final amount of funding in your Direct Payment will be made up of the Council s contribution to your care and, where appropriate, your contribution. At this point, in most cases, you will be offered a Direct Payment. 6

Section 3 How do I manage my Direct Payment? There are 3 options to choose from at this stage: You can take all of the Personal Budget and manage it yourself or with the help of a nominee or suitable person (further information on what this means later) You can choose to manage some of the provision and leave some of it with us to manage; or We can manage your care provision for you. We know that the thought of managing a DP can be daunting, but do not worry - there is lots of assistance available. You will have an Allocated DP Worker who is experienced in helping new users to organise their DPs and they will be on hand to provide you with help and assistance. 7

Money Management Options If you chose to take the Direct Payment option then there are several ways in which you can manage your money. The choices include: A traditional bank account (for a PA or someone using agency carers) A holding/managed payroll account (only applies if using a PA) An information payroll account (only applies if using a PA) Using a nominee or: Appointing a suitable person. These options are explained briefly below. If you are going to employ a PA you will have a visit from either Vibrance (contact details can be found at the end of this document) who are commissioned by Bromley Council to provide support, advice and guidance to DP users, who have chosen to directly employ a care worker (PA) or an allocated DP worker who can explain these options in greater detail and help you to make a choice as to which one is best for you. Option 1 -Traditional Bank Account If you chose to take this option, then you will need to contact your bank and explain that you need to open a specific current account for your DP, it is useful if the words Direct Payment account are part of the account name. Vibrance or your DP worker can give you a letter to take to the bank to explain why this needs to be done. This bank account will work in the same way as any other current account. You cannot move money from this account to another account in your name, If you have been assessed to pay a client contribution you will need to pay it into your Direct Payment account, in order for us to be able to monitor the Direct Payment spend. If you should choose to receive additional care you are allowed to add money (top-up) to the account should you choose support that costs more than the your Direct Payment. 8

This account will be monitored by Bromley Council and you will need to provide statements and receipts etc. to LBB on a quarterly basis. At this point, the bank will ask for more documents, to ensure that they comply with the law in confirming that you are who you say you are. Your bank account will need to be in your name, but if you have a nominee helping you, it may be a joint bank account or a bank account in their name. The Bank may want to see your:- Driving Licence Current Passport Pension or Social Security documents Medical Card; and maybe, a current utility bill - gas, electricity, council tax - some thing that will provide them with proof of your address etc. If you are worried that you do not have these things, or you think that you will not be able to get them to the bank, do not worry! Talk to your Allocated DP Worker they will be able to help - 9 Do not give up! Some banks will send you a form to complete, some may carry out a home visit or you could look at having an internet banking account. Option 2 - a holding/managed payroll account The information below is to help those who chose to employ a Personal Assistant. Bromley Council have commissioned a specialist agency who provide this service (free of charge) - Essex Coalition of Disabled People - ecdp (who can be found at www.ecdp.org.uk/payroll-services). You remain in control of what care you receive and how and when it is delivered, but the financial aspects are managed by ecdp. If you have been assessed to make a client contribution, you will receive regular statements from us to advise you of the amount you need to pay. With a managed payroll service the DP is paid directly to ecdp and they manage the money totally on your behalf - paying your Personal Assistant.

More information about managing Personal Assistants. The benefits of a managed payroll include: You do not have to worry about managing the money and arranging payments. It means that your DP can begin sooner as you do not need to set up a separate bank account There is no need for you to monitor how and where your money is spent as the agency (ecdp) will automatically send the information to the Council on your behalf ecdp will register itself with the Inland Revenue and deal with all aspects of the employment of your Personal Assistant (PA) ecdp will pay your PA directly via their bank account. ecdp will manage all of the payments in relation to the DP account on your behalf. Option 3 Information Payroll Service You may decide that you are happy to manage your own DP, but might feel that you need some help with managing the payroll aspect. This includes calculation of tax, national insurance, holiday pay, sick pay and all of the necessary administration that goes with being an employer ecdp can help you with this - you send the completed time sheets and they will provide you with the information on deductions and holiday, sick pay that you will need to pay your PA. You will need to keep records of all of this so that it can be monitored by the Council. Vibrance can help you to set this up. Option 4 - Nominee (third party payment) You may feel that you need help in managing the money and that there is someone in your life, a trusted family member or friend who will be happy to receive the DP on your behalf. This process is known as a third party payment. The nominee will need to open a separate bank account in their name for the payments to be made into. While you will still be in control of how your service is planned and delivered, the nominee will help with the day-to-day management of the financial aspects of the process. Anyone who is being paid to deliver care and support to you cannot be a nominee as they are not allowed to pay themselves. 10

Option 5 - Suitable Person Similar to a nominee - but appointed in a case where an individual does not have the mental capacity to make appropriate decisions or manage the DP. A Suitable Person will be someone who will receive and manage the DP for that individual. You cannot just become a Suitable Person. The council must follow guidelines and legislation laid down by the Government on how to appoint a Suitable Person. Please talk to the person s Allocated Worker for further information. Vibrance will provide you with support to manage the DP - if you should decide to become a Suitable Person. 11

Section 4 Signing the Agreement Now that you have decided to take a Direct Payment you and an Officer of the Council will need to sign a legal document stating that you both understand your roles and responsibilities. If you have appointed a nominee or a Suitable Person has been appointed for you, then they will need to sign the agreement on your behalf. Your Allocated DP worker will give you some forms to complete and you will need to sign an: Agreement for the making of Direct Payments (DP5) before your Direct Payments begin. Your DP worker can let you see a copy of the agreement to look at before you need to sign it. The agreement will explain your role and the responsibilities and the role and responsibilities of the Council. It is important that you understand the agreement before you sign it - If you need any help then you can talk to Vibrance (contact details can be found at the end of this document) who are commissioned by Bromley Council to provide support, advice and guidance to DP users. 12

Once you decide that you want to have a DP, you must sign the Agreement and return all the pages to the Council, so that it can be signed on behalf of the Council. If you cannot sign the agreement - then contact your DP worker who will be able to advise you of who can sign on your behalf. Once it has been signed by both parties you will get a copy for your records and the Council will begin the process for paying your DP into your bank account and will write to advise you of the start date. 13

Section 5 Employing a Personal Assistant You may choose to employ your own Personal Assistant (PA). Vibrance will be available to help you to use your Direct Payment (DP) to do this. Contact details for Vibrance can be found at the end of this document. The Vibrance service is independent of Bromley Council, it has been commissioned by us to provide help and support to DP users. Vibrance specialise in providing help and advice on all aspects of managing your DP and how to be sure you are meeting the legal requirements for being a employer. Bromley Council strongly recommend that you take advantage of this free service if you should choose to employ your own Personal Assistant, rather than using agency staff. Employing staff creates a lot of responsibilities - and these areas need to be considered before you make the decision: 14

You must have a number of things in place before employing a PA: Payroll Fair rates of pay - you must adhere to the minimum wage Written job descriptions/job specification and a Contract of employment - so you both know where you stand and what the expectations are. Employee rights concerns: Income tax payments National insurance contributions Holiday/maternity/paternity pay, Statutory Sick Pay (SSP) Managing Risk Vibrance can support you with all of this and we strongly advise that you use them. They will ensure that your chosen PA has a valid Disclosure and Barring Service (DBS) - (previously Criminal Records Bureau CRB) check. This piece of work is managed by Vibrance and funded by Bromley. It will make employing staff easier for you. When you recruit your own staff you will also need to advertise, interview etc. If you choose to employ a PA yourself, as an employer you are legally required to have insurance. Bromley Council strongly recommends that you use the support provided by Vibrance to do this. Their contact details are available at the end of this document. Accidents can happen in a number of ways, for example, the PA may trip, fall or be involved in a car accident. It could be that the PA thinks you as the employer is to blame for this and may hold you responsible. The following insurance must be in place before a PA can start working for you: Employer Liability Insurance - this will cover you if the PA has an accident or becomes ill as a result of or while working for you. Public Liability Insurance - this will cover you against any damage or injury caused to someone else by you or your PA whilst they are working for you. Bromley Council will fund the cost of this insurance as part of your Direct Payment. We do not recommend who you use to provide the insurance cover but Vibrance will be able to advise you on the options available. Some insurers also offer cover in the event that a PA took you to an industrial tribunal. 15

There are terms and conditions that you must adhere to and these will be explained to you by the insurance company. By law, you must provide your PA with a written contract of employment, which defines their terms and conditions of employment. Bromley Council strongly recommends that you seek advice and support in doing this. Vibrance will provide you with free support to prepare these documents. As an employer, you are responsible for paying PAYE and National Insurance contributions. The payroll service ecdp can assist you with this and Bromley Council would strongly recommend that you use this free service. As an employer, you must register with HM Revenue and Customs (HMRC) Vibrance can help you to do this. If you choose to do this yourself then you will need to contact the New Employers Helpline on 0300 200 3200 or look at their website: www.hmrc.gov.uk/employers. You must pay your PA no less than the minimum wage. You will need to keep up to date with any changes to this rate. HMRC will give you advice on these rates. There will be occasions when your PA may be unwell, you may be required to pay your PA the Statutory Sick Pay, you will need to contact the HMRC to check the qualifying criteria needed for this. You must be aware of the Working Time Regulations and your responsibilities as an employer. As an employer, you will need to be aware that your PA is entitled to annual leave. It is advisable that you check the current entitlement and make sure you keep up to date with the changes. Bromley Council strongly recommends that you seek advice on all of these issues from Vibrance or another organisation that specialises in employment. Support and guidance from Vibrance is provided free of charge. 16

Self - employed Personal Assistants It is the responsibility of any PA who is self employed to provide their own insurance cover to offer their services. You must ask to see a copy of their insurance policy before you agree that they can provide you with the service. You would not be responsible for paying the premiums for someone who is self-employed. Using a vehicle - if your PA is providing transport for you in their own vehicle they will need to take out appropriate insurance cover. You must advise the PA to contact their insurance company and request business cover. You should ask to see the policy. If the PA is driving your vehicle, you must ensure that they are added onto your policy. Most insurance companies do not charge for this change. 17

Section 6 Using Agencies Using an Agency- Choosing your own care and support Please speak to your allocated worker or contact Bromley Social Services Direct on 020 8461 7777 for further information. You may want to use a home care (sometimes known as domiciliary care) agency to provide your care and support. If you use an agency the staff who provide your care will usually be employed by the agency. All agencies providing personal care are required by law to be registered with the Care Quality Commission (CQC) - you should ask the agency to provide you with a copy of their registration. In this situation, you will not be the employer and the agency will be responsible for managing the employment requirements of the staff. The agency will ensure that the staff are able to work legally in Britain, that they are Criminal Records Bureau checked and will be responsible for managing their pay, tax and national insurance contributions. You will still be able to maintain control over how your services are delivered. 18

Always make sure that you have discussed what you want and how you want it provided - eg: times of visits, duration of visits, services to be provided during those visits. Ask the agency for a breakdown of their costs in writing. You need to be sure that you are receiving the service you want and that there are no hidden costs that you do not know about. Additional costs suggested by the agency MUST be discussed with your care manager when you arrange your DP. The Agency will send you an invoice - usually monthly - which you will pay from your DP account. Before you decide to by any service from a particular agency we recommend that you ask: If they can assure you that all of their staff are Disclosure and Barring Service (DBS) checked (this is the amalgamation of the old Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) To see their CQC registration To see a copy of their insurance documents If the agency are going to carry out a risk assessment for both you and their staff. How the agency manages its staff and how often someone comes to check you are happy with the service. If you are going to be given copies of the staff timesheets so that you can confirm hours and charges that are being made, so that you can pay the correct amount. If the agency employ the staff and meet all of their Tax and National Insurance payments. How they will arrange cover for staff holidays or sickness. If there is a change to your service will be discussed with you first. 19

What qualifications and experience the staff have and what ongoing training the agency gives it s staff to ensure they are up to date with current policies and good practice. Who to contact and how the agency would deal with any complaints that you may have about either the service or an individual member of staff. Once you have been working with an individual member of staff from an agency for some time, you may think that you would like to employ them directly as your PA and not through the agency. We would strongly suggest that you talk to us before taking this step, as some agencies will charge you a fee as part of their terms and conditions for providing you with the original service. If you do think that you want to do this, please make sure you talk to your Co-ordinator at Vibrance first. We have only given a few suggestions about the types of questions you may want answered. Think about any information that you feel that you may need to make an informed decision about the agency that you choose and the service that you expect them to provide. If for any reason the agency tell you that they will not be able to continue providing a service to you, then please contact Bromley Council on 020 8461 7777 and ask to speak to the Duty Social Worker as soon as possible. 20

Section 7 Keeping Good Records Checklist of records to be kept by people receiving a Direct Payment. The Council does not expect you to keep detailed accounts, but there are some records you must keep. We need you to keep the things listed below - as we will be carrying out a quarterly monitoring programme of your accounts and from time to time our Audit team may want to carry out spot checks of our records and we may need your documents as part of that process. If you need to purchase stationery to maintain your files, you can claim the costs for these items from your Direct Payment funds. The following information is for your guidance only, you may wish to check with HM Revenue and Customs who will be able to provide further guidance on employer records. Alternatively, Vibrance will be able to support you with advice and guidance. Their contact details can be found at the back of this document. Table of documents that need to be kept is on the next page (p.22) 21

Checklist of records to be kept by people receiving a Direct Payment. The details below have been extracted from information and guidance provided by the Chartered Institute of Public Finance and Accountancy (CIPFA). Record Category Examples Suggested Retention Period Major Financial Records Bank Statements, cheque books, paying in books, bank account interest details. Summaries of expenditure Current year - plus six previous years Everyday supplies and services Invoices, receipts for direct payments items:- agency fees, PA wage slips, domestic help, special supplies, leisure activities and courses. Also receipts for equipment, aids for independent living. These are supporting documents for any queries re the above records in the major financial section. Current year - plus one previous year. Major equipment and non permanent adaptations Expenditure on major equipment or major non-permanent adaptation paid via the Direct Payment. Records of warranties, maintenance achievements Life of equipment plus one year Permanent Adaptations All records relating to permanent major adaptations Indefinitely Employer records Employer records advice on this is part of the role of the support scheme Vibrance. If you have chosen not to have this support, then you can receive advice from HM Revenue and Customs. Contact Vibrance or HMRC for advice and guidance. 22

Section 8 When things happen Occasionally things will happen or changes occur that you need to talk to someone to find out what to do, the following information may be of assistance. If your needs are not being met: The Council may have a responsibility to step in and help you. A review or assessment of need may take place. The Council may have to arrange services for a period of time or support you to carry on using Direct Payments (DP). If you have started helping someone else to manage their DP, please contact the Council to let them know about the change as soon as possible. The emergency plans you have in place do not work. 23

You will have discussed a plan about what you will do if your Personal Assistant (PA) goes off sick, takes annual leave or does not come to deliver your care. Sometimes even the best plans do not work, if this is the case then the Council has a responsibility to step in and assist you to meet your identified needs as outlined in your support/care plans. If your emergency plan does not work then please contact the Council as soon as possible. Contact details can be found at the back of this document. Buying a service from an agency: There is information earlier in this booklet about using agencies, outlining how to arrange your support. If you have organised support from an agency and you are not happy with the service you are receiving then your first point of contact should be the Manager at the agency to see if they can sort out the problem. All domestic care/home care agencies must be registered with the Care Quality Commission (CQC). If you feel you are not getting a positive response from the agency, then your next point of contact is CQC. Contact details are available at the back of this document. You can also contact your allocated worker at the Council who may be able to give you advice and guidance. Employing a Personal Assistant: If you employ a PA, you will become their employer. As an employer you must conform to employment law. Vibrance can support you if you have concerns about the person you are employing. Please contact them or Bromley Social Services Direct for advice and guidance. Contact details can be found at the back of this document. If you get into any difficultly: Sometimes mistakes can happen when people are using Direct Payments. Please contact you re allocated worker, Bromley Social Services Direct or Vibrance in this event and they will provide advice and guidance to help you sort out the issue. 24

Contact details: Bromley Social Services Direct (BSSD) Email: BSSD@bromley.gov.uk Fax: 020 8313 4261 Textphone: 020 8464 7350 Phone: 020 8461 7777 SMS/Mobile: 07908 715749 Vibrance - Direct Payments Support Service Email: bdp@vibrance.org.uk Fax: 020 8477 1801 SMS/Mobile: 07903 661963 Website: www.vibrance.org.uk Essex Coalition for Disabled People - Payroll Support Service Email: info@ecdp.org.uk Textphone: 01245 392302 Phone: 01245 392300 Website: www.ecdp.org.uk 25

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