Section 4 - Ending direct payments

17. Discontinuing Direct Payments

Direct Payments may need to end for a number of reasons, including:

• Where it has been identified there is evidence of abuse or neglect related specifically to the Direct Payment, where Direct Payment conditions are not being met or where fraud has been detected
• The Council may decide it is not satisfied through the assessment care management/finance review process that the person’s identified eligible well-being outcomes are being met or the funds are being used as intended
• When a person to whom Direct Payments are made, whether to purchase support for themselves or on behalf of someone else, decides they would prefer the Council to arrange their support directly, the recipient of the Direct Payment should finalise any outstanding payments including returning any unspent money to the Council and close the Direct Payment account within 28 days
• The Council will give 28 days’ notice to discontinue a Direct Payment. Care and support purchased after this period will be covered by Direct Payments.

Discontinuing Direct Payments in the case of persons with capacity to consent

Where an adult or young person aged 16 or 17 with capacity is in receipt of a Direct Payment but loses capacity to manage the Direct Payment, the Council will discontinue Direct Payments to that person and consider making payments to a Suitable Person instead.

In the event that the loss of capacity to consent is temporary, the Council may continue to make payments if there is someone else who is willing to manage the payment. This will be a temporary measure until the person has regained capacity.

Discontinuing Direct Payments in the case of persons lacking capacity to consent

The Council shall discontinue Direct Payments if the nominated person or organisation is not acting in the best interest of the person within the meaning of the Mental Capacity Act 2005.

In all cases the DPSS will work with the recipient or Suitable Person to ensure that any employment responsibilities (e.g. redundancies) are dealt with appropriately, conduct a review of the Care and Support Plan to consider alternative arrangements to meet needs, and ensure there is no gap in the care and support.

Direct Payments will be discontinued when a person no longer needs the support for which the Direct Payment is made.