DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an...

19
Direct Payment Prepaid card Version June 2018 1 | P a g e DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a monthly amount of money known as a ‘Personal Budget’. Direct Payments are one way in which a Customer’s personal budget can be delivered. This can be the entire personal budget or just a portion of it. Instead of West Sussex County Council organising the services, an amount of money is given directly to the Customer who is then able to use it directly to meet their social care needs and help achieve the outcomes (goals) as agreed in their Support Plan. Direct Payments can only be made with the Customer where they are able to understand all of the information relevant to that decision and give their consent. This is known as having the Mental Capacity to make the decision. If the Customer loses capacity on a long-term or permanent basis the County Council must be informed. The information booklet “Your life, your choice” explains how social care works in West Sussex. West Sussex County Council Direct Payment Prepaid card account Agreement This Agreement is between: West Sussex County Council And: (Referred to as the ‘Customer’) whose address is: The Agreement is that West Sussex County Council will make payments to the Customer, who will use the money to pay for the assistance and support they need as set out in their Assessment and Support Plan. In entering into this Agreement, the Customer agrees to carry out the responsibilities involved in managing Direct Payments. These include:

Transcript of DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an...

Page 1: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

1 | P a g e

.

DIRECT PAYMENTS PREPAID

CARD ACCOUNT

When an adult is eligible for funded social care the County Council will

assign them a monthly amount of money known as a ‘Personal Budget’.

Direct Payments are one way in which a Customer’s personal budget can be

delivered. This can be the entire personal budget or just a portion of it.

Instead of West Sussex County Council organising the services, an

amount of money is given directly to the Customer who is then able to

use it directly to meet their social care needs and help achieve the

outcomes (goals) as agreed in their Support Plan.

Direct Payments can only be made with the Customer where they are able to

understand all of the information relevant to that decision and give

their consent. This is known as having the Mental Capacity to make the

decision. If the Customer loses capacity on a long-term or permanent

basis the County Council must be informed.

The information booklet “Your life, your choice” explains how social care

works in West Sussex.

West Sussex County Council Direct Payment Prepaid card account Agreement

This Agreement is between: West Sussex County Council

And:

(Referred to as the ‘Customer’)

whose address is:

The Agreement is that West Sussex County Council will make payments

to the Customer, who will use the money to pay for the assistance and

support they need as set out in their Assessment and Support Plan.

In entering into this Agreement, the Customer agrees to carry out the

responsibilities involved in managing Direct Payments. These include:

Page 2: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

2 | P a g e

(a) Ensuring that Direct Payments are used lawfully;

(b) Making sure that the money is used effectively to meet the agreed

outcomes as set out in their Assessment and Support Plan;

(c) Ensuring this is affordable by spending money that is loaded onto your prepaid card and keeping within the agreed Personal Budget.

(d) Provide the County Council when required with evidence of how their

Direct Payment has been spent in the form of receipts, invoices, payments of wages to workers.

(e) To be aware that any unspent or un-used money will be reclaimed by the Council following due process.

(f) Informing the County Council if the Customer is no longer able

to manage the Direct Payments.

(g) Paying any set contributions or top ups on to the prepaid card account on a four weekly basis.

The County Council and the Customer are required to keep to the terms

and conditions set out in this Agreement.

The Amount of the Direct Payment

The amount of money the County Council pays to the Customer will be

based on their Personal Budget. The Personal Budget may change over

time:

• To reflect inflation;

• If the Customer’s needs change;

• If the Support Plan is altered after a review or re-assessment of the

Customer’s needs; or

• If there are legal changes e.g. a rise in the minimum wage.

The County Council will confirm in writing any change in the amount of

the Direct Payments by post giving 28 days’ notice of any alteration.

A change in the amount of the Direct Payments does not alter the

conditions of this Agreement.

Know Your Customer

It is a requirement from the card provider, Allpay which operates under

Mastercard Licence that the Council must carry out Know Your Customer

due diligence on all primary and supplementary card-users. Know Your

Customer checks involve the identification and verification of the card

user along with their address. Before Allpay issues a Prepaid card the

Council will, on behalf of the card provider:

Check the Customer’s proof of identity

Check the Customer’s proof of address

Page 3: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

3 | P a g e

Check the Customer’s National Insurance Number.

Please refer to the Know Your Customer Checks Template.

Receiving Direct Payments

The Customer has confirmed that they are willing to receive Direct

Payments and that they are able to manage them either on their own or

with assistance.

Understanding the terms and conditions of this Agreement

The social or health care worker has explained the contents of the Direct

Payments Agreement Terms and Conditions to the Customer who

confirms that they understand and will adhere to them.

Page 4: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

4 | P a g e

Schedule 1

Additional Conditions (only to be completed where appropriate)

The County Council is applying the following additional condition(s), which

it considers are reasonable and necessary. The social or health care worker

has explained to the Customer why the additional condition(s) is/are being

made.

Customer Supplementary Card Holder (para. 1.2) (only to be

completed where appropriate)

The Customer has chosen to nominate the person named below to be a

supplementary Prepaid card account holder and to administer card

payments on their behalf and only as directed by the Customer.

The Customer must understand and take responsibility for ensuring any

additional card holder uses the Prepaid card in the manner and for the

purposes agreed in the Care and Support Plan. In the event of the Prepaid

card being misused by the additional card holder(s) the Council will not be

responsible for any losses incurred by the Customer.

Name:

(print)

Signature:

Address:

Card Account and Admin Service (only to be completed

where appropriate)

The Customer has chosen to have a Direct Payment Support Service to

support them with the administration of their Direct Payment Prepaid Card

account.

Name:

(print)

Address:

Page 5: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

5 | P a g e

Potential Suitable Person (para 2.2) (only to be completed where

appropriate)

Should the Customer ever lose the Mental Capacity to manage the Direct

Payment then they would prefer the following person to be appointed as

their Suitable Person.

Name:

(print)

Address:

Name of Support and Advice Service Provider Worker (para 9):

Name:

(print)

Organisation:

Page 6: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

6 | P a g e

Direct Payment Agreement Terms and Conditions

1. Management of Direct Payments

1.1 The management of Direct Payments can either be carried out by the Customer or they can choose to have some assistance. If they are

having assistance from a professional service then this will be stated

in the Support Plan along with any cost attached to this provision.

1.2 Any Supplementary Cardholder that has agreed to provide assistance

to the Customer must be identified in schedule two of this agreement.

2. Mental Capacity

2.1 In order to receive the Direct Payment the Customer must be able to

understand and agree to the decision. If appropriate this will be

determined by an assessment under the Mental Capacity Act 2005.

Should the Customer ever lose the Mental Capacity to understand

and manage Direct Payment their Supplementary Cardholder family

or friend must inform the County Council as soon as is possible. A

‘Direct Payment to a Suitable Person’ could then be arranged. If the

Customer should then regain the Mental Capacity then a Direct

Payment to them can be resumed.

2.2 A potential Suitable Person can be identified in Schedule 1, this will

then be referred to should the Customer ever lose the Mental

Capacity to manage Direct Payments.

3. Prepaid card account and Record Keeping

3.1 The Customer will be allocated a prepaid card account and can pay for

services either by telephone, online bank transfer or through direct

debits and standing orders. The prepaid card account will work in the

same way as any other bank card except that money will be loaded by

West Sussex County Council (WSCC). The Customer will only be able to

use the money that is loaded onto the prepaid card account as there is

no overdraft facility.

3.2 You will be unable to withdraw cash from your prepaid card account

unless this has been agreed as part of your support plan and the ATM

facility has been switched on for your card.

3.3 For some Customers it will be agreed that they will make their own

financial contribution towards their social care services, and others

may voluntarily choose to pay extra money towards their care in order

to fund further services that do not form part of their Assessment or

Support Plan this is called a ‘top up’.

Page 7: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

7 | P a g e

3.3.1 Unless a different arrangement is agreed by the County Council in

Schedule 1, the Customer will set up a Standing Order to pay the

assessed contribution, onto their prepaid card account every four

weeks. The Customer is asked to make clear on the payment reference

that the payment is their ‘Customer contribution’.

3.3.2 Where a ‘top up’ has been agreed, the Customer and/or any

necessary third party will set up a Standing Order to pay their money

onto their Direct Payment prepaid card account. The Customer is

requested to make clear on the payment reference that this is a ‘DP

top-up’

3.4 The Customer and the Council will have access to an online portal

system to monitor card activity and spend. If the Customer cannot

access facilities for online banking, they can request a copy of their

monthly statement from the prepaid card supplier.

3.5 The Council has a duty of care to ensure the Customer is achieving the

outcomes that have been agreed on your support plan, that the

charges the Customer incurs are reasonable and that Council funds

are being used effectively. The Council will not normally require or

request documentation for a transaction that appears on the card

account that clearly identifies the service and is within the support

plan that’s been agreed.

3.6 Should further clarity be required on activity on the account the

County Council may ask the Customer to give them additional

information about how they have spent the Direct Payment and the

Customer is obliged to provide it. The Customer is required to provide

as much information as possible within 10 working days of the request

to ensure that this duty of care can be discharged by the Council.

3.7 The Customer must retain all receipts for payment of wages to workers

as well as all documentation related to such employment: this will

include copies of receipts and invoices relating to purchases made from

their Direct Payment prepaid card account.

3.8 In the event that fraud, abuse or misuse is suspected the Council may

refer the matter to Internal Audit for investigation and offer support to

the Customer to reduce the risk of further loss occurring. The Council

shall refer any potential criminal activity to the Police for further

investigation and reserve the right to prosecute where fraud is

suspected to have taken place.

3.9 The Council will not be responsible for any losses incurred by the

Customer and will not therefore reimburse the Customer unless or

until they have been cleared of any involvement in the loss.

Page 8: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

8 | P a g e

4. West Sussex County Council making the Direct Payments

4.1 The County Council will pay the Direct Payment onto a prepaid card

account. They will write/email the Customer to tell them the dates on

which the payments will be made. This will usually be every four weeks

in advance. In the event that a different arrangement is required, this

will be agreed between the Customer and the County Council and

recorded in Schedule 1 of this Agreement.

5. Using the Direct Payments

5.1 The Customer will only use the Direct Payments to meet the needs and

outcomes as set out in their Assessment and Support Plan and not for

anything else. The Customer takes responsibility and is accountable to

the County Council for the way in which the money is spent and the

support choices they make.

5.2 If a Customer wishes to meet their outcomes in a substantially

different way from that agreed in their Assessment and Support Plan

they must first discuss this with their social or health care worker in

order to consider whether a formal Review or Reassessment is

required.

5.3 The County Council will not permit extended use of Direct Payments outside the United Kingdom without their written agreement. If the

Customer is leaving the country for longer than four weeks then they must contact their social or health care worker to discuss this.

5.4 Direct Payments cannot be used for:

• Health care;

• General household bills and living costs - including rent;

• To purchase a County Council service; or

• Long-term residential or nursing care.

5.5 Customers who have respite identified as part of their Support Plan

can accrue (build up) money to pay for a respite stay. However, the

Customer must take account of the following:

(a) Direct Payments can be used for Personal Assistants’ care costs;

(b) Requests to pay for Personal Assistants’ travel and

accommodation costs will need to be discussed and agreed with

the Council in advance. This includes family carers;

(c) Direct Payments cannot be used to pay for family members

or friends to come on holiday;

(d) Direct Payments cannot be used to pay incidental respite

expenses, such as for food and drinks.

Page 9: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

9 | P a g e

6. Build-up of money in the Direct Payments account

6.1 The Customer can build up a balance on their Direct Payments prepaid

card account equal to eight weeks’ worth of their weekly Direct

Payment. This is called an accrual and is usually accrued for

contingency planning. Any amount above the eight weeks’ accrual is

regarded as a surplus and will be reclaimed by the County Council

unless the reason for the surplus has been discussed and agreed with

the social or health care worker.

7. Repaying Direct Payments money

7.1 In some circumstances, the Customer may be asked to repay some

or all of the Direct Payments to the County Council. This will happen if:

• It appears that the money has not been used for the agreed

purpose and to meet the agreed outcomes;

• The account balance is in surplus as mentioned in 6;

• There is an accidental overpayment;

• There is illegal activity;

• The Customer fails to submit the required records when requested;

• The Direct Payment comes to an end and there is money left in the

account.

7.2 In the event of the death of the Customer the Direct Payments will be

discontinued and the card suspended with effect from the date of death and

does not form part of any person’s estate and any remaining balance, after

deduction for any outstanding payments, in the account will be returned to

the County Council by the estate executor.

7.3 Where there are outstanding commitments from the account for such

things as Personal Assistant’ wages, or tax and National Insurance bills,

the Customer’s estate executor will need to inform the Council. Before

the County Council make additional funds available to meet legal

obligations evidence of the need for the payment will need to be shown.

7.4 Funds in the Direct Payment account cannot be used to cover the

deceased Customer’s funeral and associated costs. The Department of

Work and Pensions can provide details about how to qualify for a funeral

fund.

7.5 Any top ups or additional payments made to the account are to be

spent first. Any money left on the prepaid card account at closure, after

meeting any bills or charges is solely the County Council’s Direct Payment

and must be returned.

Page 10: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

10 | P a g e

8. Suspending or Stopping Direct Payments

8.1 The Customer can choose to end the Direct Payments at any time.

To end the Direct Payments they should advise the social or health care

worker of this decision in writing, giving at least four weeks’ notice.

8.2 The County Council may suspend or stop Direct Payments if: • It appears that the money has not been used for the agreed

purpose;

• The Customer’s need for the support can no longer be met through

Direct Payments;

• The terms and conditions of this Agreement have not been met;

• The Customer is unable to continue to consent to the Direct

Payments;

• The Customer is no longer capable of managing the Direct

Payments (even with assistance);

• The Customer no longer has a level of social care need that meets

the national eligibility criteria; • The Customer becomes ineligible for Direct Payments, because of

certain conditions or requirements placed on them by the Courts;

• The Customer has certain conditions placed on them under the

Mental Health Act 1983; or

• The Direct Payments were received by the Customer to meet

outcomes agreed for a specified short term outcomes which have been met.

8.3 If Direct Payments are suspended or stopped for any reason, but

the Customer still needs social care services, these will be arranged by

the County Council.

8.4 If the Customer is admitted into hospital, the County Council will

consider with the Customer whether Direct Payments should continue.

9. Using Registered Domiciliary Care Agencies

9.1 If the Customer is receiving personal care services from a Domiciliary

Care Agency, it is strongly recommended that the agency is registered with

the Care Quality Commission. Domiciliary care providers can be viewed on

our website www.westsussexconnecttosupport.org (click on

‘Search and shop for support’ tile).

9.2 The Customer and the domiciliary care service provider will have a

contractual arrangement, which should include provision, and may include a

notice period requirement, for ending the service. Any contract drawn

up is a private agreement between the independent care provider and the

Customer; this includes the rates at which the service is charged. The

Customer will pay the service provider any notice period fees; if they do

Page 11: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

11 | P a g e

not have enough in their account then the County Council may give them

the minimum amount required minus any amount accrued in the account.

9.3 If the Customer is using live-in 24 hour care via a registered

Domiciliary Care Agency the contractual arrangement would reasonably

include care costs and live-in carer expenses. Where meals are shared

between the Customer and live-in carer the expectation should be that

the costs will be shared and agreed on a case by case basis.

10. Employing Personal Assistants (this section is only relevant to

Customers who choose to directly employ a Personal

Assistant with their Direct Payment.)

10.1 Where the Customer uses Direct Payments to employ a Personal

Assistant, they must meet their obligations under employment, tax,

National Insurance, and pension law requirements, and keep records

accordingly. If asked by the County Council, the Customer will provide

copies of these records.

10.2 Where the Customer is engaging personal assistants they should

liaise with the Direct Payment Support Service Personal Assistant

Engagement Support Service (PAES). This is to obtain information and

advice on the costs related to engaging personal assistants, health and

safety equipment, employers’ liability insurance and additional services,

(e.g. payroll, administration services, pensions), etc.

10.3 The Direct Payment Support Service can provide a support planning

service, and a prepaid card account support service, but these are not

included in the County Council’s contract with them. The cost of these

services will be met directly by the Customer’ own finances or Personal

Budget.

10.4 The Customer will be expected to pay for relevant employment

costs out of their Direct Payments, for example:

• Employer's liability insurance;

• Payroll services (where needed);

• Health and safety items (equipment);

• Personal Assistant expenses (where needed);

• Tax and insurance, holiday pay etc.;

• Additional car insurance;

• Recruitment expenses (where needed);

• Pension Contributions (where necessary); and

• Other employment related costs.

Page 12: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

12 | P a g e

This list is not exhaustive and the Direct Payment Support Service will

be expected to advise the Customer regarding any further costs.

10.5 Where a Personal Assistant becomes entitled to a statutory

redundancy payment, the calculated minimum cost minus any accrual in

the account will be paid to the Customer by the County Council. The

Customer will then be responsible for paying the minimum statutory

redundancy payment to the Personal Assistant.

10.6 If a Customer employs a Personal Assistant who qualifies for an

obligatory pension scheme with employer contribution then the minimum

amount the Customer will have to pay will be added to their Direct

Payment. Should the situation change and the Personal Assistant is no

longer enrolled in a pension scheme then the Customer must inform the

Council and return any unspent funds which were specifically allocated for

the pension scheme.

10.7 The Direct Payment cannot be used to buy a service from any of the

following people:

• A spouse (husband or wife of the Customer)

• The civil partner or partner of the Customer; or

• Anyone living as the same.

Or, anyone who is lives in the same household as the Customer who is a:

• parent or parent in law;

• son or daughter;

• son in law or daughter in law;

• stepson or step daughter;

• brother or sister;

• aunt or uncle;

• grandparent of the Customer; or

• a spouse or civil partner of the above.

The above applies unless the County Council is satisfied that paying for

the service from such a person is the only option available to meet the

Customer’s need satisfactorily and agreement has been reached in

advance and recorded in Schedule 1 of this agreement.

10.8 Customers who are receiving assistance from a supplementary card

holder to manage their Direct Payment cannot employ that same person to

support them as a Personal Assistant, unless the County Council is satisfied

that it is necessary to meet a person’s needs and it is agreed with the

Customer in advance and recorded in Schedule 1 of this agreement.

10.9 In most instances, Personal Assistants would be considered as

employed for tax purposes because of the nature of their work. Where a

Page 13: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

13 | P a g e

Personal Assistant is self-employed, the Customer should request evidence

that the Personal Assistant is registered with HM Revenue and Customs, as

self-employed, for the specific type of work to be undertaken. Examples of

documents that would indicate self-employment status include a letter with

a Unique Tax Reference number and/or a written Status Ruling from

HMRC.

10.10 It is the Customer’s responsibility to tell third parties that their data

will be shared with WSCC as goods and/or services are being purchased

with public funds.

10.11 The Customer must make all documents available to the County

Council if requested. The HMRC operate an online status tool but this should

not be relied upon as evidence of self-employment. If self- employment

status is challenged it could result in the Customer becoming liable for

unpaid tax and national insurance to the HMRC, or holiday, sickness

payments to the Personal Assistant. It is therefore recommended that the

Customer takes independent advice on the employment status of the

Personal Assistant.

11. Disclosure & Barring Service (DBS) Checks

11.1 The Customer should ensure that any person that they are going to

employ has been checked through the Disclosure and Barring Service

(“DBS”) and that satisfactory references have been obtained from previous

employers. The DBS check can be performed by the agency providing the

service, by the Direct Payment Support Service or by the County Council.

11.2 Before using their services the Customer should ensure that a

Domiciliary Care Agency has carried out a Disclosure and Barring Service

Check for each of its employees.

12. Support and Advice

12.1 The County Council needs to be satisfied that a Customer has taken

appropriate advice on using their Direct Payments, especially when they

are choosing to employ Personal Assistants. A Direct Payments Support

Service provides Customers with a range of employment related advice

and information. If a Customer chooses to engage with an alternative

source of advice or support, and there is a cost attached, this must be

funded by the Customer.

12.2 If the Customer is intending to employ a Personal Assistant, use a

self-employed Personal Assistant, or use a volunteer and pay expenses,

they will always be referred to the Direct Payments Support Service funded

by the County Council. This is to ensure that the Customer understands

Page 14: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

14 | P a g e

and acts within the law and regulations relating to employment matters.

12.3 The County Council may withhold Direct Payments if the social or

health care worker reaches the decision that the Customer has insufficient

understanding and knowledge of employment law and related matters.

12.4 Any named advice and support provider used by the Customer is to

be recorded in Schedule 1 of this Agreement.

13. Purchasing Residential Care

13.1 Direct Payments cannot currently be used for long-term residential

care. Short periods of regular respite care in a registered home are

permitted, but cannot be for a consecutive period of more than four

weeks. If the Customer requires longer in a registered care or nursing

home then they should contact their social or health care worker.

14. Purchasing Equipment

14.1 Equipment to promote independence in activities of daily living

and/or support the provision of personal care may be available on loan,

following assessment by the West Sussex Independent Living Service

(ILS). If a Customer wishes to purchase additional equipment using the

Direct Payment they should ask their social or health care worker for

further guidance.

15. Appeals and Complaints

15.1 Independent Lives, The Direct Payments Support Service has

their own complaints procedure which is available on request from them

directly.

15.2 If the Customer has a complaint about the service they are

purchasing, they should direct their complaint to that organisation, and

use the service’s complaints procedure. If the Customer, having gone

through this process is still not satisfied, they can contact the Direct

Payments Support Service, Trading Standards, Healthwatch, their social

or health care worker, or the County Council’s Customer Relations Team

to help them progress the matter.

15.3 Complaints can be made directly to the County Council by phoning

033 022 28222 or 01243 777100 and asking for the Customer relations team. Or by writing to: WSCC Customer Relations Team, County Hall, West Street, Chichester, PO19 1RQ

16. Protecting your personal data

16.1 West Sussex County Council (WSCC) respects your privacy and is

committed to protecting your personal data. We comply with the Data

Page 15: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

15 | P a g e

Protection Act 2018 , the General Data Protection Regulation (EU)

2016/679) (GDPR) and any subsequent replacement legislation (“Data

Protection Legislation”).We process personal data because it is necessary

in order to comply with the Authority’s legal obligations and to enable it

to perform tasks carried out in the public interest

We ensure that your personal data is processed fairly and lawfully, is

accurate, is kept secure and is retained for no longer than is necessary

16.2 We collect, hold and process personal data from you which may

also include the personal data of third parties if you purchase goods and

services with your Direct Payment or use the Direct Payment for the

employment of individuals.

We process personal data to:

provide you with appropriate services

help us develop and improve our services

protect public funds

We process personal data in accordance with the WSCC Privacy Policy.

For more information about how your data is stored and used, for details of

our Data Protection Officer (DPO) and for more information about and your rights please see the WSCC website at

https://www.westsussex.gov.uk/privacy-policy/

16.3 The West Sussex County Council prepaid card is operated by

Allpay, the card issuer, on behalf of WSCC. Allpay process personal data

on behalf of WSCC in accordance with their data protection obligations

under Data Protection Legislation. Personal data may be shared with: internal departments

other local authorities (education, social care and relevant housing and

employment and other services)

clinical commissioning groups (CCGs)

NHS Trusts

Other third-party organisations, as allowed by law

Other partner agencies that provide services on our behalf, in particular

Allpay

agencies with whom we have a duty to co-operate, such as police

Copy to: 1) Customer and 2) Social Care/Health File

Page 16: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

16 | P a g e

Appendix 1 Sources of advice about Direct Payments:

Direct Payments Independent Advice and Information (funded by

WSCC)

The Direct Payments Support Service is funded by the County Council to

provide advice, information and support to anyone wanting assistance

with taking a Direct Payment or a Direct Payment to a Suitable Person.

The Direct Payments Support Services offer a range of advice information

and support to Customers, for example:

• General information about Direct Payments;

• Planning the use of Direct Payments and Direct Payments to a

Suitable Person;

• Budgeting the money;

• Recruiting staff and good employment practice; and

• Risk assessments, insurance, and record keeping etc.

Anyone who wishes to use their Direct Payment or Direct Payment to

suitable person to employ a Personal Assistant, use a self-employed

Personal Assistant or pay volunteer expenses, should always be referred

to the Direct Payments Support Service for advice to ensure they

understand the legal and tax implications.

The Direct Payments Support Service also offers services which are not

covered by the contract for Direct Payment support, but are of value to

many Customers. These are optional and paid for by Customers from their

personal budgets.

Independent Payroll Service (IPS) to calculate wages, holiday pay,

tax & NI deductions, etc., and produce wage slips.

Prepaid card Support Service If the customer chooses to use the

service provider’s Prepaid Card Support Service, or the services of an

independent broker, this needs to be recorded clearly on the Direct

Payments agreement.

The Prepaid Card Support service will run as a separate scheme on the

prepaid card portal so that the service provider can manage customer’s

funds in the same way as they do now with the managed bank accounts.

Recruitment Solutions (RS) a central fund is maintained and

contributed to by Customers as a regular contribution from their Direct

Payment. Customers can then draw on the fund to pay for recruitment

costs for employing PAs, such as advertising and interviewing etc. (this

Page 17: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

17 | P a g e

operates as a pooled resource for Customers to help contingency

planning).

Contact Details: (please note that the Direct Payments Support

Service will be going out for procurement late 2018 so these contact details may change depending on the outcome of the procurement.

Independent Lives

2nd Floor North Suite

Southfield House

11 Liverpool Gardens

Worthing, BN 1RY.

Telephone 01903 219482 www.independentlives.org

2. Local Authority Advice and Information:

Staff employed by the County Council can provide advice and information;

Social care workers and support brokers can offer advice to Customers

who want to use their Direct Payment to only purchase care and support

from a CQC registered independent care provider, or day care, where the

Customer will not be directly employing a Personal Assistant.

Occupational Therapists or members of the Sensory Services Team (for

people with a visual or hearing impairment) can offer the Customer

information and advice if they want to use their Direct Payment to

purchase equipment.

Contact Details:

In the first instance the Customer should speak with their allocated

worker. Or phone Adults’ CarePoint 01243 642121 Email:

[email protected]

3. Independent sources of information (not funded by West

Sussex County Council)

UK PA Register: An independent organisation providing a national

resource that aims to assist people looking for support staff to employ

when accessing Personal Budgets, Direct Payments, etc. UK PA Register

will also provide a payroll service for a cost.

Contact Details:

UK PA Register, West Lancs Peer Support, Allied Business Centre, 1 Potter

Place, West Pimbo, Skelmersdale, WN8 9PH Telephone 01695 556 554

www.ukpar.org

Page 18: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

18 | P a g e

Glossary

Customer The person who has social care needs for which this payment is being made to meet.

Suitable Person When a Customer does not have the mental capacity to choose to have a Direct Payment but it is in their best

interest do so then a friend, relative or carer can be appointed to receive and manage the money on behalf of the customer.

Supplementary Cardholder

A supplementary card-holder provides practical assistance to the customer/ Suitable Person to help them manage their prepaid card account.

The Council West Sussex County Council is the local authority responsible for the provision of Social Care to members

of the public in or from West Sussex.

Personal Budget The weekly amount of money allocated by the Council to the Customer to meet their Social Care needs.

Assessment Where a representative of the Council assesses whether the Customer is eligible for social care services under the

Care Act.

Support Plan A document produced by the allocated Social or health care worker detailing how the Customer’s social care

needs are going to be met.

Contribution If an assessment of the Customer’s financial situation shows that they have enough money to contribute

towards their care this is the amount they will contribute on a four weekly basis.

Top up Where a Customer wishes to receive more support than they are assessed as being eligible for under the Care Act, or services which cost more than their personal

budget will allow they can choose to ‘top up’ the additional fees from their own finances.

Personal Assistant An individual directly employed by the Customer to provide services to meet their needs.

Independent Lives West Sussex County Council has a contract with an independent organisation to support

customers and suitable persons to carry out

employer responsibilities and advice and support services about Direct Payments’. At present this

is ‘Independent Lives’

Disclosures and

Barring Service Formerly Criminal Records Bureau Check – employers

must carry this out on potential employees during

recruitment as a background check concerning any

previous criminal offences and to ensure they are not barred from working in certain job roles.

Respite A period of time spent by the Customer in a short term

residential care setting.

Page 19: DIRECT PAYMENTS PREPAID CARD ACCOUNT · 2018-07-23 · DIRECT PAYMENTS PREPAID CARD ACCOUNT When an adult is eligible for funded social care the County Council will assign them a

Direct Payment Prepaid card Version June 2018

19 | P a g e

Mental Capacity Under the Mental Capacity Act an individual is deemed to

be lacking mental capacity when they are unable to

understand information, retain information, use

information to make a decision or communicate their views wishes and opinions.