Conditions that apply to the use of direct payments

7.1    The council may:

• make direct payments subject to conditions
• discontinue and/or recover direct payments where the council has reason to believe that direct payments may have been misspent or accumulated without good reason. See also section 9 council duty to protect public funds

7.2    Direct payments must be used only as agreed in the direct payments agreement and must be used to pay for:

• support to meet needs or for after-care services as agreed in the adult’s plan
• services which are safe, legal, adequately safeguard and promote the adult’s welfare and wellbeing and are value for money. This does not mean choosing the cheapest option but the one which delivers the outcomes desired at best value for public money

7.3    Direct payments must not be used to purchase:  

• any service directly provided by the council 
• services, equipment and / or minor adaptations which are the responsibility of other public bodies
• long term care in a care home. However they may be used to pay for:
  • short breaks in a care home provided that in any 12 month period direct payments are not used to pay for: 
    • more than 4 consecutive weeks of care in a care home or
    • two periods of less than 4 weeks care in a care home which are less than 4 weeks apart and when added together exceed 4 weeks of care in total   

o    non-residential services for someone who lives in a care home, for example to try out independent living before moving out of the care home or so that the adult can take part in daytime activities

7.4    Except in exceptional circumstances and only as expressly authorised in writing by the council, direct payments must not be used to pay the adult’s spouse/partner or a close family member (as defined at Appendix 1) who lives in the same household as the adult to:

• meet the adult’s needs or  
• provide administrative or management support or services in managing the direct payment  

7.5    Except in exceptional circumstances and only as expressly authorised in writing by the council, an authorised or nominated person must not use direct payments to pay themselves to provide services to the person with care and support needs. 

7.6    Carer direct payments must not be used to purchase care and support for the person with care and support needs. They must be used only to meet the carer’s own unmet eligible needs.