More about eligibility

Direct Payments are routinely available to people who are eligible and who want to use them. Essentially, if a person is eligible for a social care service from the county council, they will be eligible for Direct Payments. There are a few exceptions relating to mental health and criminal justice legislation where people are required to receive their care in a particular and prescribed way.

On the basis, Direct Payments will only be offered to people whose needs have been assessed by a social worker and this assessment identifies that they:

• Are a disabled person with parental responsibility for a child;
• Require support in caring for child/children with disabilities;
• Are a young carer (16-17yrs)
• Are a young person (16-17yrs) with a disability
• Require social care services and support
• Require services to support them in their role as a family or informal carer and/or to enable them to continue to provide the assistance and care required;
• Are 16 or over when the Direct Payments are due to start;
• Want to receive and are able to manage Direct Payments (either alone or with support);
• Are able (with or without support) to understand the accountability and responsibilities involved in managing Direct Payments can only be made with the consent of the person involved;
• Are not a person precluded under the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003 from receiving Direct Payments. This includes persons subject to certain mental health and criminal justice legislation; persons subject to drug treatment and testing orders; etc. People in these groups are required to receive specific services;
• Have residential respite/nursing care as part of a care plan as long as it is no longer than four weeks in any eight week period (subject to a maximum per year to be agreed by the Service/Locality Manager) (It should be noted that periods of short breaks/respite care are subject to the same rules as Disability Living Allowance and Attendance Allowance. A residential respite care service separated by period of more than 28 days will have all previous periods of respite care disregarded).
• Are a suitable person who is assessed and consents to receiving a Direct Payment on behalf of the person lacking capacity.
• There are specific criteria that will be considered in the assessment of your needs in order to identify whether you are eligible for a service or Direct Payment from the county council.
• The Government has drawn up a set of criteria for all Adult Social Care services called the Eligibility Framework.

The Fair Access to Care Services (FACS) guidance grades the needs and circumstances that are eligible for a service or Direct Payment from the council into four bands:

• Critical
• Substantial
• Moderate
• Low

In line with the majority of other local authorities, Herefordshire Council only fund services or Direct Payments to meet needs assessed as critical or substantial in the first two levels of the Eligibility Framework.