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making a difference to the lives of people with severe learning disabilities
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Wales - Understanding the Funding

Recent government policy has moved towards enabling disabled people and their families to have more control over the funding that provides their care and support, and there are a number of opportunities available, such as direct payments and indirect payments.

Direct Payments

When the Local Authority assess that a person's needs are eligible for a service and funding is agreed to meet those needs, the person can choose to take the funding from the Local Authority directly rather than have them organise the service. The person takes on the responsibility of organising and managing the way their needs will be met. This may involve directly employing helpers (usually known as 'personal assistants') or directly contracting with an agency. The person will also be expected to keep records for monitoring and auditing by the Local Authority to show that the direct funding (that is 'Direct Payments') is spent appropriately.

The advantage of such a scheme is that a person can tailor the support needed to suit his or her own preferences and choose who delivers that support. This places the person in control. Whilst it is necessary for the person to consent to this option, they do not need to manage or run the scheme themselves but can nominate another or others to look after the day-to-day 'business'. Once this is in place, the Local Authority has a duty to make Direct Payments.

Support services are available to help individuals and their families along the path of exploring this option (contact your local authority). Help is also available with recruitment, budgeting, payroll and monitoring.

For more information:

Indirect Payments

When a person does not have the capacity to consent (see box on next page) to Direct Payments, it may be possible for the Local Authority to agree to make the funding available to a third person.

The Local Authority can agree to make the funding available to a Trust or a Deputy Appointed by the Court of Protection.

• A Trust is a group of at least three people ‘the trustees’ who will own and manage money and/or property for the benefit of another person. Trustees take responsibility for organising, managing and monitoring a person’s funds on behalf of a person who lacks capacity to receive and manage a direct payment. Trustees set up a bank account in the Trust’s name to receive payments and have legal obligations to fulfil. Trustees can only act jointly and unanimously in decisions regarding those trust funds.

• A deputy (usually a family member) can apply to the Court of Protection to be appointed as a person’s deputy. The Court of Protection makes decisions and appoints Deputies to make decisions in the best interests of people who lack capacity. Decisions are in two areas; property and affairs and personal welfare issues. Once appointed a deputy can make specific ongoing decisions as prescribed by the Court on behalf of a person who lacks capacity e.g. to manage bank accounts, to sign tenancy/mortgage forms etc.

For further information on “Deputies” and the “Court of Protection” including information booklets and application forms contact The Office of The Public Guardian www.publicguardian.gov.uk Tel: 0845 330 2900

Whilst the Local Authority does not have a duty to make Indirect Payments, it will consider the option if circumstances make the Direct Payments option a non-starter. This is currently under review and the Department of Health is looking at how they can increase the uptake of Direct Payments.

Capacity to consent
Consent is when someone accepts or agrees to something that somebody else proposes. For consent to be legal and proper, the person consenting needs to have sufficient mental capacity to understand the implications and possible consequences of his or her actions.
In cases where an individual is judged not to have capacity to consent, a group of involved people from a range of backgrounds (e.g. health, education, social services, family, advocate) can come together and discuss the issue and what course of action would be in the best interests of the person, and then make a decision on their behalf.

The ‘Mental Capacity Act’ (2005) is a new law which sets out how people who are unable to make decisions are protected and what actions other people can take on their behalf. The Mental Capacity Act is explained in more detail in section 'Safeguards & protecting the individual'

 

Independent Living Fund (ILF)

The Independent Living Fund was set up as a national resource dedicated to the financial support of disabled people to enable them to choose to live in the community rather than in residential care. Awards are in the form of regular four-weekly payments to individuals, which are used to buy personal care in the community. Recipients may use care agencies or employ personal assistants, but may not employ relatives who live in the same house. For more information, telephone 0845 601 8815, email funds@ilf.org.uk or visit www.ilf.org.uk

Disabled Facilities Grant

A person with a disability who owns the property they live in, or is a tenant, may
qualify for a Disabled Facilities Grant towards the cost of providing adaptations and facilities to enable the disabled person to continue to live there. Such grants are given by local councils under Part I of the Housing Grants, Construction and Regeneration Act 1996. Contact your local Housing or Environmental Health department of your local council for more information, or request a booklet ‘Disabled Facilities Grant’ from 0870 122 6236, or email communities@twoten.com

Employment

Employment can affect the benefits an individual receives, and there are regulations about the type and amount of work someone can do without losing out financially. The Jobcentre Plus can give you more information about the regulations, see their website at www.jobcentreplus.gov.uk or telephone your local office (numbers are listed in the telephone directory).