Written question WQ86326

Direct payments can be provided for any identified need for care and support a local authority is required to meet. The statutory Part 4 Code of Practice (Meeting Needs) provides clear guidance on local authorities’ duties for direct payments for adults, children and carers.

Where eligible care and support needs, or support needs in the case of a carer, have been identified, direct payments must be made available in all cases where they enable personal outcomes to be achieved. A local authority must be satisfied that the direct payment recipient’s needs and personal outcomes, can be met via direct payments.

In promoting those personal outcomes, a local authority may authorise direct payments to pay a relative living in the same household as the recipient if they provide care and support or manage the recipient’s direct payments. When considering whether employing the relative will provide the best well-being outcome for that individual, the local authority must consider the views of the direct payment recipient before coming to a decision.

Whenever a direct payment is used to employ someone, local authorities must ensure direct payment recipients or their representatives, are fully aware of their legal responsibilities as an employer and that they receive the necessary support and resources to manage their statutory employment responsibilities.

A copy of the Code of Practice can be accessed on the Welsh Government web-pages:- https://gov.wales/sites/default/files/publications/2019-05/part-4-code-of-practice-meeting-needs.pdf.