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-- go back go home menu menu introduction does the person have mental capacity to consent to a direct payment? making a ‘best interests’ decision about using an indirect payment identifying an ‘authorised person’ managing an indirect payment monitoring and reviewing an indirect payment ending an indirect payment case studies glossary of terms about this guide indirect payments: practitioners' guide introduction since 2009 it has been possible for someone to receive a direct payment even if they lack the mental capacity to consent to it. the care act 2014 sets out new rules for direct payments. these are explained in statutory guidance that was published by the department of health in 2014. this replaces the previous guidance published by the department of health in 2009. it says that a local authority (or ‘council’) must provide a direct payment to someone who requests one and who meets the conditions set out in the act and its regulations. the council also has a duty to consider making a direct payment to people who lack capacity to request one themselves. this is often informally referred to as an indirect payment . for this to happen, the council must establish that although the person lacks capacity to consent to receive a direct payment, it is nevertheless in their best interests to receive assistance in this way and that there is an ‘authorised person’ to make the request on their behalf. because the use of indirect payments relies on establishing that someone lacks mental capacity to request a direct payment, it is important that social care practitioners have a good understanding of the mental capacity act and the mental capacity act code of practice. the care and support act statutory guidance, which sets out how the care act should be implemented, says that social care practitioners need to understand their responsibilities for ensuring that people who lack capacity to make certain decisions about their lives are able to take advantage of the full range of options for receiving care and support, including direct payments. this guide is designed to help social care practitioners work through the process of considering an indirect payment as a way of doing this. the sections listed below give practical hints and tips about the key stages in the process. the guide is intended to complement official guidance about the use of direct payments in social care issued by the department of health. direct payments and the care act 2014the care act 2014 provides, for the first time, a single legal framework for assessing the care and support needs of an individual, planning how best to meet those needs and how their care and support is to be paid for. the local authority has a duty to assess the capacity of the person with care needs to take part in each stage of this process, including the key decision about whether or not to use direct payments. sections 31-33 of the act consolidate the existing legislation on direct payments. people with capacity can request a direct payment, and where they meet the conditions set out in this section the local authority must provide direct payments to meet their assessed eligible needs. section 32 requires local authorities to make (in)direct payments to an authorised person on behalf of someone who lacks capacity to request this themselves, provided five conditions set out in the section are met. section 33 allows for the publication of regulations (the care and support (direct payments) regulations 2014) which along with chapter 12 of the care and support statutory guidance, replace the 2009 guidance on direct payments for people who lack capacity. checklist for practitioners are you satisfied that the person is eligible for support from the council? have the person’s needs been assessed using the council’s official process? has this information been shared with the person, and family and friends supporting or caring for them? have you established whether a council-managed personal budget or a direct payment is the preferred option for purchasing the care and support? have you explained what personal budgets and direct payments are with the person and their family/friends? does the person have mental capacity to consent to a direct payment? as a practitioner it is your responsibility to establish whether the person with care needs has the mental capacity to request a direct payment. the mental capacity act (mca) says that you can only assess a person’s capacity to make a specific decision at the time that it needs to be made. the decision about whether or not to opt for a direct payment forms part of broader discussion about the person’s eligibility for support, their care needs and how best to meet those needs. the guidance says that most requests to receive direct payments will occur during the care planning stage as this is when the local authority must inform the person of the needs that could be met via direct payments. you will already have considered whether or not the person has ‘substantial difficulty’ in being involved in this broader discussion and therefore requires the support of other people, including an independent advocate where necessary. in doing so it may help to consider the extent to which they understand that: they need care or support their care or support has to be paid for there are different ways to get care or support they can choose who will support them if they choose their own support, they will be responsible for paying for it. from this you may also have formed an opinion about the person’s capacity to make the request for a direct payment based on information already gathered during an eligibility assessment and the care planning process. in some a person may have capacity to make a request for a direct payment but you may have concerns that they lack capacity to make some decisions about managing the money in relation to their care and support. in these situations it may be appropriate to discuss with the person about them having a ‘nominated’ person to help them manage the direct payment (see box below). however, you should be clear in your own mind, and with other people involved, that you have made a separate assessment of the person’s capacity to request a direct payment, at the point at which the request needs to be made. it is important not to confuse a person’s capacity to request a direct payment and their capacity to manage it. someone may be able to decide to have a direct payment, but not be able to make decisions to arrange their support or do the paperwork associated with it. in this situation they could still have a direct payment and get help with the practical tasks of managing it by nominating an individual or an organisation to do this for them (known as the ‘nominated person’). with the agreement of the person with the care and support needs, the direct payment could be made to the nominated person. this is not the same as an ‘indirect payment’ for a person who lacks capacity to request a direct payment. assessing capacity in most instances, as practitioner, you should be able to assess the person’s mental capacity yourself, taking advice and information from people who know the person well. in some more complex situations you may need specialist help from a psychiatrist, psychologist or other specialist clinician, therapist or social care practitioner. the test of capacity requires you to establish that: the person is not simply making an unwise decision, which the mca clearly states is not proof in its own right of a lack of capacity; the person has an impairment of the mind or brain, or some sort of disturbance affecting the way their mind or brain works (either temporary or permanent) which is the cause of their inability to make the decision, such as: a mental illness a dementia a learning disability the symptoms of alcohol or drug abuse delirium confusion, drowsiness or loss of consciousness concussion following a head injury. the person is u

URL analysis for indirectpayments.org.uk

http://indirectpayments.org.uk/#monitoring-and-reviewing-an-indirect-payment
http://indirectpayments.org.uk/#does-the-person-have-mental-capacity-to-consent-to-a-direct-payment-2
http://indirectpayments.org.uk/#case-studies
http://indirectpayments.org.uk/#about-this-guide
http://indirectpayments.org.uk/#ending-an-indirect-payment
http://indirectpayments.org.uk/#making-a-best-interests-decision-about-using-an-indirect-payment
http://indirectpayments.org.uk/#managing-an-indirect-payment
http://indirectpayments.org.uk/#sidenav
http://indirectpayments.org.uk/#glossary-of-terms
http://indirectpayments.org.uk/#introduction
http://indirectpayments.org.uk/#identifying-an-authorised-person
bestinterests.org.uk
nationalbrokeragenetwork.org.uk
amcat.org.uk
learningdisabilities.org.uk
gov.uk
cqc.org.uk
neontribe.co.uk

Whois Information

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Domain name:
indirectpayments.org.uk

Registrant:
Mental Health Foundation

Registrant type:
Other UK Entity (e.g. clubs, associations, many universities)

Registrant's address:
The Mental Health Foundation
1st Floor
London
SE1 2SX
United Kingdom

Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 28-Mar-2014

Registrar:
LCN.com Ltd [Tag = LCN]
URL: http://www.lcn.com

Relevant dates:
Registered on: 28-Mar-2014
Expiry date: 28-Mar-2024
Last updated: 28-Mar-2014

Registration status:
Registered until expiry date.

Name servers:
ns0.lcn.com
ns1.lcn.com

WHOIS lookup made at 08:39:42 05-Apr-2018

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  REFERRER http://www.nominet.org.uk

  REGISTRAR Nominet UK

SERVERS

  SERVER uk.whois-servers.net

  ARGS indirectpayments.org.uk

  PORT 43

  TYPE domain

OWNER

  ORGANIZATION Mental Health Foundation

TYPE
Other UK Entity (e.g. clubs, associations, many universities)

ADDRESS
The Mental Health Foundation
1st Floor
London
SE1 2SX
United Kingdom
Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 28-Mar-2014

DOMAIN

  SPONSOR LCN.com Ltd [Tag = LCN]

  CREATED 2014-03-28

  CHANGED 2014-03-28

STATUS
Registered until expiry date.

NSERVER

  NS0.LCN.COM 94.126.40.3

  NS1.LCN.COM 213.133.150.10

  NAME indirectpayments.org.uk

DISCLAIMER
This WHOIS information is provided for free by Nominet UK the central registry
for .uk domain names. This information and the .uk WHOIS are:
Copyright Nominet UK 1996 - 2018.
You may not access the .uk WHOIS or use any data from it except as permitted
by the terms of use available in full at http://www.nominet.uk/whoisterms,
which includes restrictions on: (A) use of the data for advertising, or its
repackaging, recompilation, redistribution or reuse (B) obscuring, removing
or hiding any or all of this notice and (C) exceeding query rate or volume
limits. The data is provided on an 'as-is' basis and may lag behind the
register. Access may be withdrawn or restricted at any time.

  REGISTERED yes

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