Written question WQ94070
- Asked by
- Mark IsherwoodConservative
- To be answered by
- Cabinet Secretary for Health and Social Care
- Tabled
- Due
- Answered
- Time to answer
- 12 days
Question
Will the Cabinet Secretary confirm whether a local authority can reclaim direct payments by claiming they have not been used to secure the care and support a recipient requires, when care and support plan reviews have not been conducted as required by the Social Services and Wellbeing (Wales) Act 2014?
Answer
Answered by Minister for Children and Social Care
Direct payments are intended to improve choice, control and independence for people. Individuals can work with local authorities to decide how their care and support needs will be met using direct payments.The statutory Part 4 Code of Practice (Meeting Needs) provides clear guidance on local authorities’ duties for direct payments for adults, children and carers.
A local authority must review the arrangements for the making of direct payments and how they are being used at intervals determined by the local authority in line with the requirements set out in the code of practice for reviewing care and support plans.
Any reclaiming of direct payments by local authorities should be aimed at recovering money that has been diverted from the purpose for which it was intended or that has simply not been spent at all, or where services have been obtained from someone who is ineligible to provide them.