Direct payments and mental capacity.

williewonder

Social services pay directly for my support to a care company. I get 31 hours a week one-to-one. The support offered is good but I want to go direct payments and have more flexibility.

I have a couple of questions.

Could I manage the direct payments personalty in my accounts if its deemed I lack mental capacity with finances. I have a psychology report saying I lack capacity with finances and I'm at the top level of my ability with managing money and still lack capacity.

Also if its agreed I should have direct payments can I use these to pay for a support worker abroad such as Sri Lanka. I plan to spend 28 days there after the pandemic. I could pay a local person directly over there. When I mentioned to this my community nurse he gave me a look but didn't say anything about it. 

poppy12345

If you managed the direct payments yourself then your local Authority would set up a different bank account for the money to go into. This would then give them access to the bank account as well as yourself. You can't have direct payments going into your own personal account.

Whether they would allow you to manage them yourself when you lack capacity is a totally different story. It's not as simple as just "paying for your care"

I can't see them allowing you to pay someone from another country to support you while you're away for 1 month. Not only that how are you going to arrange that support before you go? I'm not surprised that your nurse "gave you a look" when you mentioned it to them. If you need support while away then you should look at taking someone with you from this country... although you would also need to pay for the cost of their travel as well as your own.

Nannytone

Easier if you use a payroll company with a managed bank account
I use paypacket, they calculate the wages national insurance and tax etc, calculate holiday pay and sick pay.
Managed account means I have no access to the funds, so they can never be any suspicion of anything untoward happening.

elsien

Can’t see it happening. The local authority have a duty of care to ensure that direct payments are used correctly and if you lack capacity around finances then how is that going to work? 
You could ask for an updated capacity assessment specifically around direct payments, otherwise a “suitable person” would need to be identified to manage it for you or a managed account. 

ETA - you may want to revisit the answers you were given in May when you previously asked about travelling abroad on your own.

Albermarle

If you managed the direct payments yourself then your local Authority would set up a different bank account for the money to go into. This would then give them access to the bank account as well as yourself. You can't have direct payments going into your own personal account.

Our local authority does not have access to the bank account that receives the direct payments . It is a separate account just for this purpose. Of course we have to provide statements along with the invoices, but for sure the council has no access to the account .

Easier if you use a payroll company with a managed bank account

The OP uses a care company , so in this case you do not have any issues with payroll as you just pay the invoices.

Cyclamen

Your county should have the option of a ' managed account' some specify management company others don't.

You submit hours worked each month then the payroll team do the payslips, pay carer and hmrc, insurance etc..

However how do you feel you would cope being an employer.. recruiting, interviewing, managing the carer/ carers any disputes etc? 
You can of course use DP for a care agency but then you would be responsible for choosing the agency and liasing etc.

As for employing someone whilst overseas you would need to talk to your council. 
I don't think it's likely to be an easy answer. 
It would also depend on your care and support needs..can you manage journey, and finding the right carers independently. It seems more common for people to travel with carers from existing team but then there is the issue of who pays carers accomodation, food, extra hours etc


As a DP employer I have a team of carers/ PA. I have to get proof of eligibility to work in UK in order to employ them, DBS check, insurance etc. If I were to holiday away from home in UK I can buy in a local service.