Option 1
When it comes to arranging and managing your social care support, you can decide how much control and responsibility you want to have.
There are four options, designed to give you different levels of control and responsibility. You choose which option is best for you.
This article is about Option 1, also known as a Direct Payment.
You can find out more about the other options here:
Option 1, also known as Direct Payment
This is where your council pays an agreed amount of money directly to you, and you purchase support and other things that will help you meet your outcomes.
Your outcomes are the things you have agreed with your social worker that are important to you.
Option 1 is the Option with most control and flexibility. It is also the option where you have most responsibility, and where you handle the money yourself.
How does it work?
As part of creating a support plan, you agree with your social worker how much money the council will give you as a Direct Payment.
You will be asked to sign a Direct Payment Agreement which is a legal contract between you and the council. This says that you agree to manage the Direct Payment according to the council’s rules.
The council may pay the money into a separate bank account, but it is more likely to be put on a pre-paid card scheme, like Allpay.
The council will explain how the payment will be made and when. It could be paid to you in instalments, which means bit by bit, or in a lump sum.
You can use a Direct Payment in any way, if it will provide the support you have agreed with your social worker.
This could include:
- employing Personal Assistants to support you
- buying services from a social care support agency
- buying services from a registered support provider
- buying services from the council
- paying for other services (for example an exercise class), and breaks.
It is up to you to find the services, get in contact with them and agree the arrangements.
It is important that the services or support you buy will help you meet your personal outcomes.
Personal Outcomes are things that are important to you that you have agreed with your social worker, and that you need support to help you achieve.
Is this option right for me?
If you choose Option 1, you will have lots of responsibilities, but there is also help available.
Part of your responsibility is to show the council that you are using the money to meet your outcomes.
You will need to keep records of what the money has been spent on.
If you are employing Personal Assistants, you should also show that you are being a good employer and meeting the legal responsibilities of being an employer.
You can ask for your Direct Payment to be paid to and managed by someone else (a third party). The council will check that the other person understands their responsibilities and that you still have control.
If you want to use a Direct Payment for some parts of your support, but not all of it, you can explore this by choosing Option 4 – read more about this option here.
Independent Support Organisations and Carers’ Centres (if you are an unpaid carer) can help you learn more about this option and think about if it’s right for you.
You can find your local Independent Support Organisation using the Find Help search tool.
You can find your local Carers’ Centre here.
Who can use this Option?
Most people who are eligible for formal social care support through their council should be able to choose Option 1.
This includes adults, children and young people (up to the age of 16, a nominated adult manages the money), and people with any type of impairment or support need.
The law says the council must offer you the opportunity to use Option 1, unless:
- your safety would be put at risk by being given money directly
- you need long term residential care or nursing care
- you have had Option 1 in the past and it had to be stopped for some reason.
Option 1 must also be offered to unpaid carers who are eligible for support in their own right.
Where can I get help if I choose this Option?
Independent Support Organisations and Carers’ Centres (if you are an unpaid carer) can help you learn more about this option.
Some Independent Support Organisations can also help you manage the money, especially if you are going to employ people.
Find your local Independent Support Organisation using the Find Help search tool.
Find your local Carers’ Centre here.
If you are considering employing Personal Assistants (PAs), you can find out more about what this involves, and practical advice on dealing with different parts of the process, in the PA Employer Handbook.
Next steps
Take a look at the Case study section below to find out more about how Option 1 works and how people have used this option to manage their social care support.
Lots of people are given the information they need to decide whether Option 1 is right for them.
But we know that some common issues come up for people.
Here is what do to if any of these things happen to you.
I have been told I cannot get Option 1/ a Direct Payment
By law, the council must offer you the option of using Option 1, unless:
- your safety would be put at risk
- you need long term residential care or nursing care
- you have had Option 1 in the past and it had to be stopped for some reason
If your council decides they are not going to offer you Option 1, they should explain clearly to you why this is.
The legal guidance given to councils say they cannot refuse you a Direct Payment (Option 1) if:
- you are disabled and this means it would be a challenge (even a significant challenge) to manage a Direct Payment
- you have dementia or a learning disability, or any other disability which means you would need extra support to manage a Direct Payment
The council cannot use any of these reasons to deny you the opportunity to use Option 1.
It is a good idea to get help from a local Independent Support Organisation, Carers’ Centre or Advocacy Service if you have been told you can not get a Direct Payment and you think this is wrong.
Find your local Independent Support Organisation using the Find Help search tool.
Find your local Carers’ Centre here.
Find your local Advocacy service here.
I was told Option 1 is the only option I can get
Unfortunately, lots of support services are very stretched at the moment. This can make it hard to get the support you need through your council or a support provider, even if this is your preferred option.
We know that some people have been encouraged to use Option 1 to enable them to get support in place sooner. But, not everyone feels confident about taking on the responsibilities this brings.
If you are in this situation, you may find it helpful to speak to your local Independent Support Organisation. You can find their details using the Find Help search tool.
They may be able to support you to challenge your local council if you feel you are being pushed into Option 1.
They may also be able to offer you help to arrange support through Option 1. There is lots of help available if you are faced with using this option.
I have been told I cannot use my Direct Payment to buy certain things
Direct Payments are designed to give you maximum flexibility in how you use it to meet your personal outcomes – these are the things that you need support to help you achieve.
You should agree your outcomes with your social worker as part of the assessment and support planning process.
It is a good idea to speak to your local Independent Support Organisation for help if you have been told you cannot spend your Direct Payment on certain things.
Find their contact details using the Find Help search tool.
Someone I know used a Direct Payment to pay for exercise classes, but I’ve been told I can not do the same
You can only spend your Direct Payment on things that will help you meet your agreed outcomes.
One person’s outcome might be to “stay fit and healthy”, and so their social worker has agreed that paying for exercise classes will help them achieve this.
Making a case for what types of support will help you achieve your outcomes is not the same for everyone, and there are not always clear answers. It is a process of negotiation between you and your social worker.
It is a good idea to speak to your local Independent Support Organisation who can help you think about what you can spend your budget on to help you achieve your outcomes.
Find their contact details using the Find Help search tool.
I have been told I can only get a Direct Payment on a pre-payment card, not straight to my bank account
Each council has their own rules about how they manage Direct Payments. Some councils require you to use a pre-payment card.
The SDS Standards give guidance to local councils to tell them what they should do when it comes to arranging social care support (Self-directed Support).
The Standards are not laws, but all councils have signed up to them so should work to uphold these standards.
When it comes to Option 1 (a Direct Payment), here is what the Standards say:
- You should be involved in the development of your budget and have maximum flexibility to use this in the way that you choose to achieve your agreed outcomes.
- You should be involved in making decisions about what you can and cannot spend a budget on.
- You should be able to spend your budget flexibly and creatively.
- You can spend your budget in any way that is legal and that is related to meeting your agreed personal outcomes.
- You can pool your budget with another person – this means you can use some of both your support budgets together to help the money go further.
- You cannot invest your budget in things like stocks and shares to generate income.
- You can be flexible about how you spend your budget. You do not have to spend the same amount every week or month. Your social worker might want to agree a limit for a maximum amount you can spend at any one time.
You can find a link to the Standards here.
The law about social care support is called the Social Care (Self Directed Support) (Scotland) Act 2013.
It says the council must offer you the option of using Option 1, unless:
- your safety would be put at risk by being given money directly
- you need long term residential care or nursing care
- you have had Option 1 in the past and it had to be stopped for some reason.
If your council decides they are not going to offer you Option 1, they should explain clearly to you why this is.
You can find the part of the law that explains this here.
The SDS Statutory Guidance is legal guidance written for local councils to tell them how social care support (Self-directed Support) should work.
This guidance says what reasons councils cannot use for refusing someone a Direct Payment (Option 1):
- the council cannot refuse you a Direct Payment if you are disabled and your disability means it would be a challenge (even a significant challenge) to manage a Direct Payment.
- the council cannot refuse you a Direct Payment if you have dementia or a learning disability, or any other disability which means you would need extra support to manage a Direct Payment.
- The council cannot write their own policies to say they do not offer Direct Payments to certain types of people.
You can find the part of the guidance that explains this here.
Examples of people who use Option 1 to direct their support
There are lots of examples of people who have chosen Option 1 to have maximum control and responsibility over their support.
Check out these videos to see how it works for different people and what types of support they purchase with their Direct Payment.
Case Study: Examples of people who use Option 1 to direct their support