Customer Agreement for Direct Payments

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This page provides some of the details of a Customer Agreement for receiving Direct Payments.

Please note: The following text is for informational purposes only and does not constitute any kind of agreement between you and Independent Living Schemes.

You can download a copy of the full agreement in the following formats:

DEFINITION OF TERMS

Assessment: The assessment of the Recipient's needs under the terms of the 1989 Act and the Department of Health framework for assessment (children), the 1990 Act, the 1996 Act and the 2000 Act.
Care Plan: The document produced by the Council and agreed with the Recipient following an Assessment carried out by the Council.
Close Relative: Parent, parent-in-law, aunt, uncle, grandparent, son, daughter, son-in-law, daughter-in-law, stepson, stepdaughter, brother, sister or the spouse or partner of any of these.
Direct Payment: The payments to be made by the Council to enable the Recipient to arrange the Service.
Payment: The sum of money which is determined by the Council as representative of the cost of providing the Service at the date of the Agreement and as then revised from time to time either as part of the on-going processes of the Care Plan or as provided for in this Agreement.
Recipient's Account: The Bank/Building Society Account opened by the Recipient and maintained by the Recipient specifically for the purposes of this Agreement.
Schedule: The Schedule to this Agreement.
Service: The service(s) that are necessary to meet the needs identified in the Care Plan for which the Recipient is to take direct responsibility.
1989 Act: The Children Act 1989
1990 Act: The National Health Service and Community Care Act 1990.
1996 Act: The Community Care (Direct Payment) Act 1996.
2000 Act: The Carers and Disabled Children Act 2000

INTRODUCTION

1. The Council has carried out an Assessment and determined that the Recipient's needs as identified in the Care Plan should be met.

2. The Council and the Recipient have agreed that the Recipient should take direct responsibility for the provision of the Service (which may or may not be all the services which are necessary to meet all the needs identified in the Care Plan).

3. The Recipient has agreed to make all the necessary arrangements to ensure the Service is provided, with support if required.

4. The Council has agreed to make the arrangements to fund the provision of the Service as set out in this Agreement.

THE AGREEMENT

The Council's Obligations

1. The Council agrees:

1.1 To make the Payment direct into the Recipient's Account in accordance with the details listed in the Direct Payments Schedule (DP1).

1.2 To meet the agreed priority needs of the Recipient as set out in the Care Plan if the arrangements made by the Recipient break down for any reason.

1.3 To review the Assessment annually or more frequently if required by the Recipient.

1.4 To facilitate support and advice through a Support Service to enable the Recipient to manage his/her obligations under this Agreement.

The Recipient's Obligations

2. The Recipient agrees:

2.1 The City of York Council agrees to undertake Criminal Records Bureau checks for recipients of Direct Payments. The Council requires a check being undertaken where staff will be employed to work with children or in a household where they will have regular contact with children. In instances where there is no requirement from the Council, the recipient is able to make their own decision but should be advised on good practice by staff and the Independent Living Schemes.

2.2 To open a designated bank account where the recipient is to receive regular payments and to allow the Council and its staff access to this account for monitoring purposes at any time. Copies of Bank Statements should be provided at quarterly intervals. The account should be maintained for a period of at least six months after the date on which the Recipient ceases to receive the Payment or any part of it.

2.3 To maintain a proper record of care received using form DP3 (attached) or similar and of all payments into and out of the Recipient's Account and to allow the Council and its staff access to those records for monitoring purposes at any time.

2.4 To use the Payment only to secure the provision of the Service.

2.5 Direct Payment recipients and PAS users will not be allowed to employ their partner (i.e. the other member of a married or unmarried couple) or a close relative living in the same household. The Independent Living Schemes Manager would inform the Council immediately should they become aware that a customer is employing services from a close relative.

2.6 In exceptional circumstances, this can be waived if this is the most appropriate way of securing services by an appropriate Group/Locality Manager. Direct Payment recipients and PAS users cannot employ someone else living in the same household as a scheme recipient unless it is a contractual agreement, requiring a paid employee to live in as a personal assistant.

2.7 To notify the Council immediately or as soon as possible thereafter of any changes in circumstances relevant to this Agreement.

2.8 To account to the Council for the use of the Payment at quarterly intervals using Form DP2 (attached) and to reimburse the Council any part of the Payment which has not been used to secure the provision of the Service.

2.9 To accept liability for any charges under the Council's charging policy.

2.10 That the benefit of this Agreement is personal to the Recipient and cannot be used to benefit any third party.

Joint Agreement

3. The Council and the Recipient agree that:

3.1 the Council's complaints system be used to resolve any disagreement between the parties over the operation of this Agreement or any other related matters.

3.2 without prejudice to clauses 3.8 - 3.12, if either party wishes to terminate this Agreement, that party will give the other not less than four weeks notice in writing to expire at any time.

3.3 if notice of termination is given, the amount of the Payment due for the period in which the date of termination falls shall be adjusted pro-rata and any overpayment to the Recipient will be reimbursed to the Council as soon as possible.

3.4 to repay to the Council any overpayments as soon as such overpayment is identified. The Council reserves the right to charge interest on any monies owed which are not repaid within 30 days of receipt of an invoice requesting payment.

3.5 Payments to Personal Assistants may be varied in the following manner and should form part of the Personal Assistants Contract of Employment;

Unplanned Hospitalisation - the first four weeks will be on full payment and thereafter the Personal Assistant will either receive a retainer of half their wages or take it as part of their annual leave entitlement.

Unplanned Emergency Respite Care - The first week will be on full payments and thereafter the Personal Assistant will receive a retainer rate of half pay or take it as part of their annual leave entitlement.

Planned Respite Care of Employer - During such periods, provided the Personal Assistant has been notified at least four weeks in advance, they will receive a retainer rate of half pay or take it as part of their annual leave entitlement.

3.6 the Recipient shall have the benefit of any interest which may accrue and be responsible for any bank or other charges due in respect of the operation of the recipient's Account.

3.7 any relationships entered into by the Recipient with a service provider using the Payment is an exclusive arrangement between the Recipient and the service provider.

3.8 both the Council and the Recipient will comply with all current and future legislation relevant to the 1990 Act and the 1996 Act.

3.9 variations to this Agreement, other than variations in the Assessment, must be in writing and by the agreement of both parties.

3.10 the Council may terminate this Agreement immediately if the Recipient:

a) is in material or persistent breach of the terms and conditions of this Agreement; or

b) is not spending the Payment on the Service in accordance with this Agreement.

3.11 in the event of termination by the Council under 3.10 above, the Council may provide up to four weeks' Payment where, notwithstanding the breach, there is still good reason for Payment to be made.

3.12 this Agreement will automatically terminate on the date of death of the Recipient. The Council will however meet the cost of any pay in lieu of notice as per the employment contracts and authorise the payment of redundancy sums from the customer's residual balances.