Option 1: Direct Payments
Option 1, also known as a Direct Payment, is where Health and Social Care Moray will pay an agreed amount of money to you, that will enable you to purchase the support you need to meet your outcomes.
Option 1 gives you the most control and flexibility but is also the option where you have the most responsibility. You will be asked to sign a Direct Payment Agreement which sets out key responsibilities to ensure the Direct Payment runs smoothly.
If you choose to receive a Direct Payment for your care and support, you will be supported by the SDS Team at Health & Social Care Moray.
The team can be contacted on:
- 01343 563420
- SelfDirectedSupport@moray.gov.uk
Your Direct Payment will be paid on a four-weekly basis into a bank account operated solely for the use of Direct Payment funding.
You can use your Direct Payment for example to employ a Personal Assistant, to commission with an agency, purchase items or assistive technology to meet your agreed outcomes.
Employing a Personal Assistant
If you choose to employ a Personal Assistant (PA), then either yourself or the person acting on your behalf takes on the role of being an employer and the responsibilities that come with this.
Using SDS Option 1 to employ Personal Assistants
The SDS team can support you with choosing one of our approved payroll providers who will manage the day-to-day finances on your behalf. They will set you up as an employer with HMRC, operate Pay As You Earn (PAYE) on your behalf and also ensure that you are enrolled in a pension scheme in accordance with the Pensions Regulator.
You would be responsible for checking your PA's timesheets and forwarding these on to your chosen payroll provider who will pay your PA directly into their bank account. You will still be responsible to ensure that the Direct Payment is spent in accordance with your agreed outcomes.
Your payroll provider will provide the SDS team with the necessary documentation for a financial review to be carried out on the Direct Payment.
Recruitment
The SDS team can support you with recruiting a PA. They can support you with drafting job description to reflect your agreed outcomes, draft a job advert, and support you to advertise your job. Health and Social Care Moray encourage the use of My Job Scotland to advertise roles on the dedicated pages.
We can also support you to advertise on the PA Network Moray Facebook page which is administered by Personal Assistants Network Scotland (PANS).
You can also advertise your vacancy on any local Facebook groups, and in local shops, community centres etc.
We encourage you as a responsible employer to follow safe recruitment procedures, including asking for job applications to be completed, carrying out interviews and taking up references. All of which the SDS team can support you with.
Protecting Vulnerable Groups (PVG) Scheme
With effect from 1 April 2025, it is a legal requirement for all PAs to be members of the PVG scheme before they commence work. Further information relating to the PVG scheme, how to start an application and completing the application can be found at mygov.scot.
The cost of the PVG will be included in the funds in your Direct Payment.
Employers Liability Insurance
As an employer, you must have employers’ liability insurance in place. The company recommended by HSCM is FISH Insurance.
The SDS team can support you to set this up, and the cost of the insurance is funded through your Direct Payment. The insurance also gives you access to 24/7 Employment Law and Health & Safety advice line provided by Peninsula.
Contract of Employment
It is a legal requirement that your PA is issued with a contract of employment no later than the first day of employment. Both Peninsula and the SDS Team can support you put a contract in place.
Commissioning an agency and other ways you can use your Direct Payment
If you choose to use your Direct Payment in ways other than employing a PA, then you do not need to use a payroll provider.
You must open a separate bank account, solely for the purpose of the Direct Payment. You must retain a record of expenditure including receipts and invoices along with bank statements and present these to the SDS team when requested for a Direct Payment review to be carried out.
Financial Review
When you choose to take a Direct Payment, HSCM are required to carry out regular financial reviews to ensure that the funds are being used in line with the agreed outcomes. The initial review will be undertaken 3 months from the start of the Direct Payment to ensure that you are comfortable in managing the package and to ensure we can support you early on if you are having any difficulties. Most Direct Payment packages are then reviewed on an annual basis thereafter.
Becoming A Personal Assistant
If you would like to know more about becoming a PA then the PA Handbook published by SDS Scotland has useful information.
The Independent Living Fund (ILF) also has some useful resources around being a PA.
Useful Resources
The Independent Living Fund Scotland (ILFS) is a Non-Departmental Public Body (NDPB) and provides funding and support to help disabled people in Scotland to live independently. They currently have two funding streams, a transition fund and an Independent Living Fund.