Support provided by family members
In both the Statutory Guidance and in the Direct Payments
Regulations there is detail on the circumstances in which support can be
provided by family members
The requirements can be found at Regulations 7-9
These allow for family members to provide support for which direct payment is
made but only if:
There is agreement between the user, the family member and the LA
The family member is capable of providing the support and at least one of the
following apply:
- there is a limited choice of service providers who could provide the support;
- the
direct payment user has specific communication needs which mean it will
be difficult for another provider to provide the support;
- the
support is required at times at which the family member will be
available to provide it and where other providers would not reasonably
be so available;
- the intimate nature of the support required by
the direct payment user makes it preferable to the direct payment user
that support is provided by a family member;
- the direct payment
user has religious or cultural beliefs which make the provision of
support by a family member preferable to the direct payment user;
- the direct payment user requires palliative care;
- the direct payment user has an emergency or short-term necessity for care; or
- there
are other factors in place which make it appropriate, in the opinion of
the local authority, for that family member to provide the support
For the purposes of the Regulations a "family member" is taken to include:
- the spouse or civil partner of the direct payment
user;
- a person who lives with the direct payment user
as if their spouse or civil partner;
- parent; or their spouse/partner
- child; or their spouse/partner
- brother or sister; or their spouse/partner
- aunt or uncle; or their spouse/partner
- nephew or niece; or their spouse/partner
- cousin; or their spouse/partner
- grandparent; or their spouse/partner
- grandchild; or their spouse/partner
The most notable situation in which a Family
member cannot provide support is if :
- they are a guardian or attorney with power to
make decisions re support provided through direct payment
- the local authority determines that either family
member or user id under undue pressure