Contents
1 Definitions Used in this Policy
- 1.1 Suitable Person or Representative
If a person lacks the mental capacity to manage their Direct Payment (as defined Mental Capacity Act 2005), or is unable do so lawfully e.g. is a child or chooses not to, then a representative person can receive and manage the Direct Payment on their behalf.
1.2 Prescriber
This is the registered equipment prescriber that assesses the person’s needs and manages the application for a Direct Payment on their behalf.
1.3 Devon Independent Living Integrated Service (DILIS)
This service provides community equipment for adults and children, minor adaptations, telecare and speech and language therapy equipment. The equipment provided may be stock, non-stock, bespoke items of equipment or a prescription tariff item.
1.4 Stock equipment
This is equipment within the DILIS Equipment Catalogue that has been agreed between DILIS Operational Group and the DILIS Provider as being available for issue at all times.
1.5 Non stock equipment
This is equipment not specified as a stock item in the DILIS Equipment Catalogue and can only be issued when stock items do not meet the assessed need. It may be ordered on an adhoc basis to be provided via DILIS and will require authorisation.
1.6 Bespoke equipment
Is equipment that is not in the DILIS Equipment Catalogue and is custom made or adapted to meet the specific needs of a person and can only be issued when stock and non stock items do not meet the assessed need. It may be ordered on an adhoc basis to be provided via DILIS and will require authorisation.
1.7 Minor Adaptation
Any home adaptation to meet a person needs costing under £1000
1.8 LOLER = The Lifting Operations and Lifting Equipment Regulations 1998 (legislation.gov.uk)
& PUWER The Provision and Use of Work Equipment Regulations 1998 (legislation.gov.uk)
1.9 Devon Card
This means the prepaid Financial services card which is to be provided for ongoing Direct payments to or for the benefit of the person.
1.10 Standard Direct Payments Offer Agreement
This the SS20(C) Direct Payment Offer Agreement form specifically for ongoing DILIS direct payments. This is a binding agreement signed by both the person managing the Direct Payment and an authorised officer of Devon County Council.
2. Overall Principles
2.1 Any person of any age (including a child under 18 years old) who has an assessed eligible equipment need (not in a permanent adult residential/nursing setting) can request to have this need met by a Direct Payment route.
2.2 Devon County Council acknowledges its statutory duty to offer a Direct Payment to any person who makes a request for their needs to be met in this way. It is a legal duty to inform people of their right to request a Direct Payment for equipment. Direct payments can be particularly enabling if the person expresses a preference to purchase an alternative item of equipment which meets the same clinical need as that item which would be issued by the normal DILIS process. In such cases, a Direct Payment will be offered.
3. Assessment
3.1 The assessment of need must be carried out by a Devon equipment prescriber following the appropriate standard assessment process and documentation. Eligibility criteria must be applied equitably for adults, excluding speech and language therapy equipment, irrespective of whether the service is to be secured by direct provision or a Direct Payment. A retail model equipment prescription is considered to be equal to a Direct Payment.
4. Calculating the Direct Payment Offer for equipment
4.1 The Direct Payment offer will be equivalent to the normal equipment cost to Devon County Council which would have been supplied direct from the DILIS Provider or the Devon retail prescription tariff list.
4.2 For equipment available as stock items in the DILIS catalogue, the amount offered for a Direct Payment is the normal new purchase cost of the equipment to Devon County Council.
4.3 For equipment deemed Non Stock and Bespoke the amount offered in a Direct Payment is the normal purchase cost of the equipment to Devon County Council, plus any warranty / maintenance provision as agreed with the Authoriser (see VAT info 6.2 below). New Non Stock or Bespoke equipment is expected to have a warranty for a minimum of 5 years.
5. Calculating the Direct Payment for adaptation
5.1 The Direct Payment offer will be equivalent to the normal adaptation cost to Devon County Council which would have been undertaken by or via the DILIS Provider. This will be advised by the Independent Living Centre.
5.2 The total value of the adaptations required to meet the assessed need must not exceed £1000. If the total is above this the person should be advised they will need to apply for a Disabled facilities grant.
6. Other considerations
6.1 Best Value and cost effectiveness (see the fair & affordable care policy) must be considerations when making a Direct Payment offer, but these criteria alone cannot be used to refuse a Direct Payment.
6.2 The Prescriber should ascertain whether the person is eligible for Value Added Tax exemption; if exempt, the Direct Payment offer will be made excluding VAT, otherwise VAT must be added to all VAT-rated elements of the offer.
6.3 Although the person can top up the Direct Payment to buy a more expensive item or adaptation if they wish; where the costs are less than the amount of the Direct Payment, the person must repay the under spend. It is important that unused money goes back to Devon County Council. Devon County Council will reclaim unused funds on the Devon Card unless otherwise advised.
7. Delivery, Installation, Maintenance and Insurance
7.1 Delivery and installation costs, if authorised, may be included in the Direct Payments calculation, offer and agreement and will be equivalent to the normal delivery and installation cost to Devon County Council which would have been undertaken by or via the DILIS Provider. These will be calculated by the Independent Living Centre as part of the offer.
7.2 Ongoing maintenance costs, such as servicing and routine inspection (e.g. LOLER for lifting equipment) if authorised, may be included in the Direct Payments calculation, offer and agreement. The cash equivalent will only be to the amount of the DILIS maintenance service and any additional costs will need to be met by the Direct payment recipient. The DILIS Provider can provide an estimate of the maintenance cost for this purpose based on the DILIS Providers usual maintenance costs to Devon County Council.
7.3It is the persons responsibility to take out insurance for any equipment and meet the cost of this.
Re-Use of Equipment & Ownership
8.1 The equipment purchased by the Direct Payment shall be the property of the recipient for as long as it is required by the them to meet their assessed need.
8.2 When the equipment is no longer needed, the DILIS Provider requests first refusal to collect the equipment, free of charge, for recycling and re-issue within DILIS. You can contact them on 0330 124 4491 or email DevonContactUs@millbrookhealthcare.co.uk. Should the equipment be returned to DILIS, the person will not be reimbursed any costs incurred by them in relation to any equipment provided under a Direct Payment.
9. Topping Up & Purchase Options
9.1 Any equipment or adaptation funded through a direct payment must meet the assessed need. The person can choose to purchase a more expensive item or adaptation, supported by advice from the Prescriber who must check that the equipment or adaptation is appropriate.
9.2 Leasing of equipment may be considered and is acceptable under Direct Payment legislation as long as the Prescriber evidences that it is a cost effective and time limited way of meeting assessed need. Leasing costs would usually be provided as an ongoing Direct Payment rather than a single Direct Payment for a one off purchase.
9.3 It is recommended that the Direct Payment recipient purchases equipment from reputable traders which are members of the BHTA (The British Healthcare Trades Association) who trade in accordance with the BHTA Code of Practice.
BHTA
New Loom House
Suite 4.06
101 Back Church Lane
London E1 1LU
Tel: 020 7702 2141
Fax: 020 7680 4048
Email: bhta@bhta.com and bhta@bhta.net
Website: www.bhta.com
9.4 For independent advice and information about purchasing options, people can also contact The Independent Living Centre.
The Independent Living Centre
Devon House
Brunel Road
Newton Abbot
Devon
TQ12 4PB
Tel: 01392 380181
Email: ilc-exeter@devon.gov.uk
10. Authorisation of Direct Payment
10. All requests for Direct Payments for adults must be authorised by the Independent Living Centre rduh.ilc@nhs.net tel: 01392 380181.
10.2 All requests for Direct Payments for children (under 18 years old) must be authorised by the Professional Lead OT for Childrens Services.
10.3 Authorised requests for Direct Payments will be forwarded on to the Direct Payments Team from the Independent Living Centre or the Professional Lead OT for Childrens Services, and copied back to the prescriber.
11. Review of Equipment & Adaptations
11.1 The Prescriber will review, as soon as possible after delivery; the appropriate installation and use of the Direct Payment funded equipment or adaptation, including provision of a moving and handling plan for the person and carers if required and the satisfactory completion of the Direct Payment arrangements. The results of this review will be recorded on the case file.
11.2 If an inappropriate item of equipment is purchased as a directly attributable result of an error in the assessment process, the Prescriber will rectify the error with a new assessment and Direct Payment agreement.
11.3 It is possible for the item of equipment purchased to become inappropriate due to changing need. Prescribers are particularly asked to take this into account when assessing people with fluctuating or degenerating conditions, as anticipating changing need at the first assessment may avoid the need for expensive re-prescription later on.
11.4 Devon County Council will seek repayment of some or all funds where it is evident that the Direct Payment has not been used to meet the assessed need. Where deliberate fraud is suspected we may also contact the police.
12. Health, Safety and Liability
12.1 The direct payment recipient accepts responsibility through the direct payment agreement, for all aspects of their own Health & Safety, and that of persons employed by them or caring for them, when using any equipment or adaptation provided by a Direct Payment.
12.2 The Prescriber must share with the person the results of any health and safety assessments it undertakes as part of the assessment of need, including a moving and handling plan if appropriate. The Prescriber must advise the person on the health and safety aspects when using any prescribed equipment. All user(s) must consult the manufacturer’s instructions for safe use of equipment.
12.3 The direct payment recipient has responsibility to ensure all statutory equipment checks and maintenance are undertaken in compliance with the requirements of health and safety legislation (e.g. Provision and Use of Work Equipment Regulations 1998 (PUWER) and The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)).
13. Process
13.1 The Prescriber completes assessment of need – recording the assessment, including the agreed solutions and actions, and provides the person with a copy.
13.2 The person requests a Direct Payment for assessed and identified DILIS equipment or adaptation.
13.3 The prescriber contacts the relevant direct payment authoriser to discuss the request. If the request is for non-stock equipment, the prescriber provides the authoriser with details about the clinical need for provision of the equipment or minor adaptation, to obtain agreement. Authorisers will support with information about costs for the Direct Payment for DILIS equipment or adaptation as per section 4. of this policy or give advice about alternative equipment if required.
13.4 Once authorisation is obtained, the Prescriber will provide a copy of, and discuss this policy with the person, including the process and the responsibilities contained within it.
13.5 The Prescriber completes a DILIS Direct Payment Request Form and emails it to the authoriser (Independent Living Centre for adults, or professional lead OT for children’s services) for them to authorise the Direct Payment for DILIS equipment or adaptation.
13.6 The Independent Living Centre or Professional Lead OT for Children’s Services forward the Authorised DILIS Direct Payment Request Form to the Direct Payments team and inform the Prescriber that they have done this.
13.7 The Direct Payments Team process the DILIS Direct Payment with the person (see Section 12. of this Policy).
14. Financial Administration
– One off payments
14.1 Devon County Council will contact the direct payment recipient for their bank details unless they are already set up with a ‘Devon Card’ (see Section 14.6 of this policy)
14.2 The recipient will receive notification from Devon County Council prior to receiving the agreed amount in their bank account on to their Devon Card.
14.3 Direct payments are paid out every 4 weeks.
14.4 Direct payment recipients will retain receipts, documentation and records relating to their Direct payment and service arrangements for a period of at least six years. If requested to do so, the person will supply Devon County Council with these.
14.5 Where the value of Direct Payments provided amounts to more than the cost of the equipment purchased, the surplus funds will be reclaimed by Devon County Council. The recipient (or suitable person); will be advised in advance of any reclaim.
– The Devon Card, for ongoing payments only.
14.6 To enable Devon County Council to monitor the use of Direct Payments by the recipient (or suitable person); he/she will use The Devon Card to make all payments.
14.7 Devon County Council will be able to monitor payments made with the Devon Card.
14.8 Where the value of Direct Payments provided amounts to more than the cost of the equipment purchased, the surplus funds will be reclaimed by Devon County Council, the recipient (or suitable person); will be advised in advance of any reclaim.
.
14.9 The Direct Payments agreement form SS20(C) between the recipient (or suitable person) and Devon County Council will be used as the contractual document for ongoing direct payments for DILIS.
Advice and Information
For advice and information about Direct Payments, People and their representatives may contact the Direct Payments team across the County:
North Devon:
Tel: 01392 381208 (option 3)
Email: ASTSelfDirectedSupportNorth@Devon.gov.uk
East Devon:
Tel: 01392 381208 (option 3, option 3)
Email: ASTSelfDirectedSupportEast@Devon.gov.uk
South Devon:
Tel: 01392 381211 (option 3, option 3)
Email: ASTSelfDirectedSupportSouth@Devon.gov.uk
Policy Details
| Version | 6.0 |
| Strategic Owner | Keri Storey, Head of Integrated Adult Social Care Operations |
| Business Owner | Carolyne Hague, Principal Occupational Therapist |
| Author | Devon Independent Living Service |
| Date of Approval and Commencement | October 2014 |
| Last review date | February 2023 |
| Last reviewer | Lucy Clark, Occupational Therapist – Independent Living Centre Becki Billing – Occupational Therapist & Senior Policy Officer |
| Next review date | Quarter 4, 2024/25 |