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

Last modified: Thursday, 30 January 2020, 9:36 PM