Draft Self-directed Support (Direct Payments) (Scotland) Regulations 2013

Calculation, payment and termination of direct payments

3. Part 2 of the Regulations (regulations 3 to 7) sets out a variety of requirements in relation to the charging arrangements for direct payments, the way in which charges are recovered, the basis on which direct payments can be made and the circumstances where a direct payment may be terminated. In particular

• Regulation 3 sets out the administrative arrangements for any means testing in relation to the direct payment - i.e. the arrangements for the assessment of a person's ability to pay a charge with respect to their direct payment;
• Regulation 4 sets out the way in which any charges should be recovered - requiring the authority to make any payment "net" (i.e. with the person's charge recovered "at source" before the payment is made) except where the service user requests that they payment be paid gross (i.e. where the person is provided with their payment in full and invoiced for their charge at the end of the relevant period);
• Regulation 5 establishes that a direct payment can be paid in instalments (i.e. in a series of separate payments as opposed to one single payment - though this can also be done)
• Regulation 6 establishes that a direct payment can be paid to a third party to manage the day to day practicalities under the direction of the supported person.
• Regulation 7 sets out an exhaustive list of the circumstances under which an authority can terminate a direct payment. These are where the person has become ineligible, where the payment has been used for purposes out-with the person's support plan, where it has been used to secure the provision of support by a family member in circumstances where the family member is not permitted to provide such support or where the money has been used unlawfully. In addition, Regulation 7 imposes certain requirements on the authority when they decide to terminate the direct payment, such as the requirement to inform the person as to the reason why the payment is terminated and the date on which it is to be terminated.

Question 1: What are your views on Part 2 of the draft Regulations (calculation, payment and termination of direct payments)?