§ The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)My honourable friend the Parliamentary Under-Secretary of State for Health (Dr Ladyman) has made the following Written Ministerial Statement.
The Government are committed to seeing an increase in the take-up of direct payments, as they are an excellent way for individuals using social services to gain control and independence over their own lives. Direct payments are cash payments made in lieu of social service provisions to individuals who have been assessed as needing services. I understand that some councils are expressing some confusion about the ability of individuals using their direct payments to pay a spouse or other close relative.
Direct payments cannot be used routinely by individuals to pay spouses, or close relatives who live in the same household. The regulations were changed in April 2003 to give local councils some discretion in this matter. They can allow payments to be made in 6WS this way, but only where they are satisfied that securing the service from the relative is necessary to meet satisfactorily that individual's need for that service.
Regulations have never specified that close relatives living outside the household could not be paid using a direct payment and there is no legal restriction on individuals using their direct payment in this way. Councils are however able to make conditions about who can be employed in individual circumstances. There are often legitimate reasons for doing so but a decision should be taken according to the merits of each individual case.