52 St Leonard’s Road
Finance & Business Information / Eastbourne
East Sussex BN21 3UU
Tel:01323 464127 (Service Agreement Team)
Tel: 01273 481956 (Payments Team)
Fax:01273 482457
«ClientFullname»
«ClientAddress»
when responding please address your correspondence to the above or email:
/ our ref «ClientSSRef» / Date: 04 November 2018
Dear «ClientTitle»«ClientSurname»
Re: Direct Payments Service Agreement
You have chosen to receive Direct Payments from East Sussex County Council and to receive these payments using a Direct Payment Card Account.
Please find attached the following items:
- Individual Service Agreement (2 copies)
- Direct Payments Terms and Conditions (1 copy)
- A pre-paid, addressed envelope
The Individual Service Agreement is a contract between you and East Sussex County Council. The Terms and Conditions are the rules that apply to that contract. Please read the Terms and Conditions and when you are happy that you agree with them please sign and return one copy of the Individual Service Agreement. You should use the envelope provided to return the Individual Service Agreement. You should do this as soon as you can.
It is important to understand that EastSussexCounty Council cannot start making Direct Payments to you until we have received a copy of the signed Individual Service Agreement.
If you delay returning the Individual Service Agreement then there may not be enough money to pay for your care and support when you need it.
Once we have the Individual Service Agreement back from you we will set up your Direct Payment Card Account and arrange to pay your Direct Payments into it.
As part of receiving your Direct Payment Card Account, East Sussex County Council will top up your personal budget with £00.50 per week to cover any transaction fees that are charged when payments are made.
If you have a nominee or suitable person, the agreement must be signed by you, the service user and your nominee or suitable person, the Direct Payment recipient.
You can expect to receive you card and the information you need to set up your account about two weeks after you have returned the Individual Service Agreement.
In the meantime we will send you our Direct Payments Card Account Guide. This is a booklet that tells you all you need to know to start using the card account to pay for your care and support. We will also make the first payment into your account so that the money is there for you when you need it. All of this is explained more fully in the booklet we will send you once you have signed and returned the Individual Service Agreement.
If you have any questions please contact your social care worker or the Direct Payment Monitoring Team:
Yours sincerely
Direct Payments Team
Finance and Business Information
Individual Service Agreement:
Direct Payments Scheme
Contract Number / «CarePackageRefs»Service User / «ClientFullname»
P-Number / «ClientSSRef»
Contract Type / New
This Contract is made on the «DateGenerated» between East Sussex County Council acting through its Adult Social Care Department and the (“Direct Payments Recipient”):
«ClientFullname», of «ClientAddressOneLine»
ISA (Contract) Number: / «CarePackageRefs» / Contract Type: / «ContractType»
Start Date: / «EarliestCPLIStartDate» / Service Type: / «ServiceName»
End Date: / «LatestCPLIEndDate» / Care Hours:
Direct Payments Gross Weekly Amount:
Service User Weekly Contribution: / «WeeklyCosts»
«ECIncomeNet»
Net Weekly Value Paid to Service User by ESCC : / «WeeklyCostsNet»
The Adult Social Care Department may on at least 7 days written notice adjust these sums to take account of any changes in circumstances or information available to the Adult Social Care Department whether relating to the Service User’s assessed needs or financial circumstances or otherwise.
The Adult Social Care Department agrees to pay additional sums (“float payments”) to the Direct Payments Recipient to cover agreed legitimate expenses incurred by the Service User.
The Direct Payments Recipient agrees to use the money to purchase or arrange services to fulfil the assessed needs of «ClientFullname» (the Service User).
Both parties agree to comply with the Conditions of Contract for the Scheme which forms part of this Contract and the Direct Payments Recipient acknowledges having received a copy of those Conditions.
**This document has a legal status and cannot be altered by hand written amendment. If details are incorrect, please contact the Service Placement Team**
Signed By (Name)
Position Held
Signature
On behalf of Adult Social Care / Shaun Bezant
Business Manager
/ Signed By (Name)
Signature
Direct Payments Recipient/Representative
Date
Signed By (Name)
Direct Payments Recipient
Signature
Direct Payments Recipient
Date / Designation of Recipient
Please Tick The Relevant Box
Nominee
Suitable Person
Other (Specify) /
______
EAST SUSSEX COUNTY COUNCIL
ADULT SOCIAL CARE DEPARTMENT
DIRECT PAYMENTS
A Direct Payment or Direct Payments are cash payments made in lieu of social service provision to individuals who have been assessed and are eligible as needing services to meet assessed needs and outcomes. Direct Payments enable the Recipient or Client to exercise greater choice and control over arrangements to provide the Services required by the Client, as determined following an assessment of need and if determined to be eligible to receive Direct Payments.
All funding for the provision of Direct Payments must be subject to an Agreement which sets out clearly the Contract between the Department and the Direct Payments Recipient or Client. This will take the form of a single page Individual Service Agreement, supported by the Conditions of Contract which follow, and a separate description (the Support Plan) of the type of Services the Client has been assessed and is eligible as needing, and which the agreed level of funding is intended to secure.
A Direct Payments Support Service is available to assist and advise the Direct Payments Recipient or Client on his/her obligations under the terms of this Contract.
Conditions of Contract
1.Definitions
1.1“The Department” means the Adult Social Care Department of East Sussex County Council.
1.2“Direct Payments” means funding provided by the Department to a Direct Payments Recipient or Client to secure the provision of the Services.
1.3“Direct Payments Recipient” means the person to whom the Direct Payments are paid and the person responsible for making arrangements for the Services required. They may also be the Client.
1.4“Client” means a person assessed by the Department and eligible as needing Services.
1.5“Suitable Person” means someone who has been assessed by the Department and approved as being suitable to receive Direct Payments and use them in the best interests of a Client who lacks mental capacity. A Suitable Person makes decisions and uses the Direct Payments to buy care and support services on behalf of the Client.
1.6“Contract” means the Conditions of Contract between the Department and the Direct Payments Recipient or Client for the provision of the Services including all documents to which reference may properly be made in order to ascertain the rights and obligations of the parties.
1.7“Individual Service Agreement” means a single page contract detailing the financial elements of the Contract. The Individual Service Agreement must be signed by all parties concerned in order for any Direct Payments to be made.
1.8“Assessment” means an assessment under Section 17 of the Children Act 1989 or under Section 47 of the NHS and Community Care Act 1990, or the Carers and Disabled Children’s Act 2000.
1.9 “Services” means the Services referred to in the Support Plan that are necessary to meet assessed social care requirements.
1.10 “Gross Weekly Amount” means the combined weekly total of the Department’s Contribution and the Client’s Assessed Client Contribution.
1.11 “Department’s Contribution” means the weekly amount payable to the Direct Payments Recipient or Client by the Department to facilitate the purchase of Services, and/or employment of Staff.
1.12 “Client’s Weekly Contribution” means the amount payable by the Client as assessed by the Department for the Services specified in the Contract.
1.13 “Float Payment” means an additional contract sum being an advance payment made by the Department to facilitate payment for any expenditure as described in clause 3.5.
1.14 “Direct Payments Bank Account” means a separate bank account into which the Department and the Direct Payments Recipient or the Client will pay the Client’s respective contributions.
1.15 “Direct Payments Support Service” means an organisation which is contracted to the Department to provide advice and support to Direct Payments Recipients and Clients.
1.16 “Staff” means paid personal assistant(s)/support worker(s) employed by the Direct Payments Recipient or Client to assist in providing the Services.
1.17 “Complaints Procedure” refers to The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
1.18 “Conditions of contract” mean the conditions set out in this document that are agreed to when signing the Individual Service agreement (ISA).
1.19 “Direct Payment Card Account” is an account provided by East Sussex County Council for a client to use in order to spend their Direct Payments.
1.20“ESCC Managed Account” is a Direct Payment account that is administered by East Sussex County Council on behalf of clients for agency only care.
1.21“Bank Account” is an account opened with a bank that belongs to the person who opened the account.
1.22“Third party managed account” is an account that is administered by a support service on behalf of the client.
1.23“Suitable person” is an appropriate and willing person to receive and manage the Direct Payments on a client’s behalf.
2.Legislative Requirements
2.1Throughout the term of the Contract the Direct Payments Recipient must comply with all legislation relevant to the employment of staff. Information and assistance in this respect may be obtained from the Direct Payments Support Service.
3.Financial Arrangements
3.1The Gross Weekly Amount is calculated to cover the cost of arranging Services to meet the assessed and eligible care needs of the Client.
3.2The Department’s contribution to the Direct Payments Recipient or Client will be paid four weekly in advance, into the Direct Payments Card Account, ESCC Managed Account, or Bank Account or Third Party Managed Account, upon receipt of the agreed expenditure statement as described in clause 5.2.
3.3 The Client’s assessed contribution will be paid at least four weekly into the Direct Payments Card Account, ESCC Managed Account, Bank Account or Third Party Managed Account by the Client or the Recipient. It is the preferred method of the Department to ensure this is arranged by Direct Debit.
3.4 Float Payments are not applicable to Direct Payments contracts after 01st April 2010. This cost is incorporated into the Direct Payments Gross Weekly Amount and any additional expenses should be met by the Client, the Recipient or by advanced reasonable request to the Department.
3.5 Payment of any historically agreed Float Payment will be made to the Direct Payments Recipient or Client once the Department has agreed that the Direct Payments arrangements will apply. The Float Payment will be topped up to the agreed level at the end of each four week period on receipt of returns submitted of appropriate expenditure incurred by the Direct Payments Recipient or Client, toinclude the cost of:
*Unrecoverable Statutory Sick Pay
*Advertising/Recruitment, telephone, postage costs and stationery associated with Direct Payments
*Employers and Public Liability Insurance
Any other proposed expense should be agreed in advance with the Department.
3.6The Department will review the Gross Weekly Amount annually on or near to the 1st April, or following completion of a review of an assessment which identifies a significant change in the Client’s needs.
3.7The Department may recover a proportion of unspent monies as appropriate, where there appears to be an excessive accumulated balance exceeding that of 12 weeks total. In taking such action the Department will first contact the Direct Payments Recipient or Client to establish the reason for any excessive balance before recovering unspent monies.
3.8If the Direct Payment is paid into a bank account The Direct Payments Recipient, or his/her representative/s will repay to the Department the balance of any monies paid in advance by the Department on termination of the Contract once any outstanding committed expenditure has been paid, for example, redundancy costs.
3.9 If the Direct Payment is paid into a Direct Payment Card Account, East Sussex County Council will take back from the account, the balance of any monies paid in advance by the Department on termination of the Contract once any outstanding committed expenditure has been paid, for example, redundancy costs.
3.10 Where this Contract is terminated for any reason, it is expected that the Direct Payments Recipient will have sufficient contingency funds to meet any outstanding liabilities. Additional costs may be met by the Department by exception only.
3.11Where the Direct Payments Recipient or Client enters into a contract with an independent care provider (agency) for the purposes of carrying out the Services, the Direct Payments Recipient or Client must include a term in that contract which requires payment to be made of undisputed sums by the Direct Payments Recipient or Client to the Independent care provider (Agency) within a specified period not exceeding 30 days from the receipt of a valid invoice.
3.12Where the Direct Payments Recipient or Client enters into a contract with an Independent care provider (agency) for the purposes of carrying out the Services, the Direct Payments Recipient or Client must advise the Department of their intentions to enter into such an agreement, as this may need to be reflected in the Direct Payments Gross Weekly Amount. The Department is not obligated to meet private Agency fees, where those fees may be more than the Department would normally pay to commission the Services.
4.Amendments (Contract Variations)
4.1No amendment or variation to this Contract shall be effective unless it is signed by authorised persons of all parties. Any amendment or variation to this Contract will be confirmed in writing by the Department as a form of Contract Variation.
4.2Failure to sign and return an Individual Service Agreement for a reduced Gross Weekly Amount following a review of the needs and Services provided will not prevent payments being reduced from the notified date. All payments will cease until the new Individual Service Agreement is signed and returned.
5.Records of Expenditure
5.1The Direct Payments Recipient or Client will keep financial records which show clearly how the Gross Weekly Amount and the Float Payment (if applicable) have been spent. This will include retaining receipts and Staff timesheets which must be signed by both the Direct Payments Recipient or Client and Staff to confirm their accuracy.
5.2 If the Direct Payments Recipient or Client receives their Direct Payment into a bank account, they will provide the Department with an agreed expenditure statement in respect of monies received (including the Client’s assessed contribution) and spent during each 4 week period. A copy of the bank statement for this period will also be provided. The expenditure statement must be received by the Department within 2 weeks of the end of the 4 week period.
5.3 If the Direct Payments Recipient or Client receives their Direct Payment into a Direct Payment Card Account or ESCC Managed Account, The Department will have access to all transactional information at any time.
5.4 If the Direct Payments Recipient or Client receives their Direct Payment into a Direct Payment Card Account the Direct Payments Recipient or Client will, with reasonable notice, allow the Department’s authorised representative’s access to financial records such as invoices and receipts as required by the Department.
5.5 The Direct Payments Recipient or Client may choose to employ orstaff, which is acceptable to The Department, to manage the account on their behalf.
6.Selection of Staff
6.1The Direct Payments Recipient or Client is responsible for recruiting and selecting suitable Staff, and will be expected to follow best practice in the recruitment process. The Direct Payments Recipient or Client will not purchase care from people specifically excluded by the Direct Payments legislation. This includes close relatives or co-habiting relations and partners. If you are considering doing this, please contact the Department. The Direct Payments Support Service will advise and support in the recruitment.
6.2When recruiting to a post in which the Staff may have substantial unsupervised access to children, it is essential that a Criminal Record Bureau check is carried out before the person is employed. When recruiting to a post in which the Staff may have unsupervised access to adults/older persons, the Department strongly recommends that a Criminal Record Bureau check is carried out. The Direct Payments Recipient or Client will advise the Department of the proposed appointment and is responsible for ensuring the Application for Disclosure form is completed. The Department will then arrange for the necessary checks to be made with the Criminal Records Bureau. This process can take several weeks. The Direct Payments Recipient or Client should therefore, try to start the process in good time to ensure continuity of the Services.
6.3The Direct Payments Recipient must make clear to job applicants that, due to the nature of the work, Staff are exempt from the provisions of Section 4(2) of the Rehabilitation of Offenders Act 1974 (Exemptions) Orders 1975 and 1986. The Direct Payments Recipient will ensure that job applicants are, therefore, asked to provide information about convictions which for other purposes are spent under the provisions of the Act. The Department will ensure via the Direct Payments Support Service that advice and guidance is available.
6.4Since November 2009, the Department can make a Direct Payment to a Client who lacks mental capacity to consent to receive and manage them. Direct Payments Recipients can receive the payment on behalf of a Client who lacks capacity. The Department must be satisfied that the Direct Payments Recipient is a 'Suitable Person' and will act in the best interests of the Client who lacks capacity. The Department can further explain how to become a 'Suitable Person'.