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JGM, Solicitor
Category: Scots Law
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Experience:  30 years as a practising solicitor.
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What is the law now in scotland for people to stay in their

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What is the law now in scotland for people to stay in their homes as long as possible or can they be forced into a home by social services. A relative is currently going through a reenablement process following a short stay in hospital. I took care of him for four weeks and now they are coming in three times a day. he is worried that they may push him into a home. Is there any way of stopping this?


Also what are direct payments and are they means tested and is this an established law for paying for care or has it yet to be confirmed?

Thank you for your question.

Social services can't force someone into a home. They can only advise on what care package is best.

Direct payments from social services are payments made to you or the person you're looking after so that you can buy care services for yourself.

Direct payments aim to give you more flexibility in how your services are provided. By giving you money instead of social care services, you have greater choice and control over your life and are able to make your own decisions about how your care is delivered.

The decision to award direct payments takes place after an assessment by social services.

If the outcome of the assessment is that services will be provided, you or the person you're looking after have a right to ask for direct payments instead of having the service arranged by social services.

If you're already getting support from social services, you can ask to get direct payments instead.

Janet has a community care assessment. It results in a care plan that indicates that she needs the help of a care worker for six hours a week. Her local authority could either arrange to send its own choice of care worker or give Janet direct payments so that she can employ a worker of her own choice.

In most cases, social services must offer you or the person you're looking after direct payments as an option.

If someone isn't able to manage their own direct payments, it's possible for another person to manage the direct payments on their behalf. This is explained below in the section on Managing direct payments for someone else.
The choice of direct payments is voluntary. Neither you nor the person you're looking after can be forced to have direct payments. If you decide to have direct payments, you can change your mind about this at any time. If you no longer want direct payments, contact your local social services and ask them to arrange services instead.

It's possible to try direct payments by asking social services for a direct payment for some of your support while you continue to get your other support directly from social services.

When you or the person you're looking after receive direct payments, there will be various obligations. These include:

• Keeping records and accounting for how the money is spent to social services.

• Taking on the legal role of an employer if you're using the payment to pay for a care worker, and undertaking all the legal responsibilities that go with it. Help may be available from local organisations to manage the administration involved and other responsibilities.

You should be able to get support with managing direct payments if you need it.

Direct payments can only be spent on things that will meet the assessed needs of the person getting them. If you spend a direct payment on something that doesn't meet your needs, social services can recover the money from you.
Everyone who gets support from social services should have their needs reassessed at least once a year. If someone's needs have changed, they should contact social services for a reassessment.

Social services can charge for some services that they provide. This means that if you get direct payments, you may need to make a financial contribution towards the direct payment. Your local social services should tell you if you'll need to contribute, and how much. Their charges must be fair.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9905
Experience: 30 years as a practising solicitor.
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