Under the Care Act 2014, everyone whose needs are met by the local authority (LA) must receive a personal budget as part of the care and support plan. The budget sets out how much of the cost of care will be met by the LA and how much will be met by the adult.

Individual Service Funds (ISFs) are one of the ways in which the personal budget can be deployed. It allows for a third-party provider to hold and manage the budget on behalf of the individual.

Guidance on ISFs is set out in the Care and Support Statutory (CASS) Guidance, issued under the Care Act 2014. The CASS guidance sets out that LAs should offer ISFs where possible and provide clear information on how they work. Where an ISF arrangement is not available locally, the LA should explore arrangements to develop this offer and should be receptive to requests to create arrangements with specified providers.

In addition, and supported by the Department, Think Local Act Personal has produced guidance for LAs on ISFs, which can be found on their website, at the following link:

https://thinklocalactpersonal.org.uk/resources/individual-service-funds-isfs-and-contracting-for-flexible-support/

The Care Quality Commission is assessing how well LAs in England are delivering adult social care by looking at how they are performing against their duties under Part 1 of the Care Act 2014. The assessments identify LAs strengths and areas for improvement, facilitating the sharing of good practice and helping us to target support where it is most needed.

The Department has not had discussions with LAs specifically on the effectiveness of the implementation of ISFs under the Care Act 2014.

Under the Care Act 2014, everyone whose needs are met by the local authority (LA) must receive a personal budget as part of the care and support plan. The budget sets out how much of the cost of care will be met by the LA and how much will be met by the adult.

Individual Service Funds (ISFs) are one of the ways in which the personal budget can be deployed. It allows for a third-party provider to hold and manage the budget on behalf of the individual.

Guidance on ISFs is set out in the Care and Support Statutory (CASS) Guidance, issued under the Care Act 2014. The CASS guidance sets out that LAs should offer ISFs where possible and provide clear information on how they work. Where an ISF arrangement is not available locally, the LA should explore arrangements to develop this offer and should be receptive to requests to create arrangements with specified providers.

In addition, and supported by the Department, Think Local Act Personal has produced guidance for LAs on ISFs, which can be found on their website, at the following link:

https://thinklocalactpersonal.org.uk/resources/individual-service-funds-isfs-and-contracting-for-flexible-support/

The Care Quality Commission is assessing how well LAs in England are delivering adult social care by looking at how they are performing against their duties under Part 1 of the Care Act 2014. The assessments identify LAs strengths and areas for improvement, facilitating the sharing of good practice and helping us to target support where it is most needed.

The Department has not had discussions with LAs specifically on the effectiveness of the implementation of ISFs under the Care Act 2014.

Under the Care Act 2014, everyone whose needs are met by the local authority (LA) must receive a personal budget as part of the care and support plan. The budget sets out how much of the cost of care will be met by the LA and how much will be met by the adult.

Individual Service Funds (ISFs) are one of the ways in which the personal budget can be deployed. It allows for a third-party provider to hold and manage the budget on behalf of the individual.

Guidance on ISFs is set out in the Care and Support Statutory (CASS) Guidance, issued under the Care Act 2014. The CASS guidance sets out that LAs should offer ISFs where possible and provide clear information on how they work. Where an ISF arrangement is not available locally, the LA should explore arrangements to develop this offer and should be receptive to requests to create arrangements with specified providers.

In addition, and supported by the Department, Think Local Act Personal has produced guidance for LAs on ISFs, which can be found on their website, at the following link:

https://thinklocalactpersonal.org.uk/resources/individual-service-funds-isfs-and-contracting-for-flexible-support/

The Care Quality Commission is assessing how well LAs in England are delivering adult social care by looking at how they are performing against their duties under Part 1 of the Care Act 2014. The assessments identify LAs strengths and areas for improvement, facilitating the sharing of good practice and helping us to target support where it is most needed.

The Department has not had discussions with LAs specifically on the effectiveness of the implementation of ISFs under the Care Act 2014.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

The care and support statutory guidance sets out that every adult whose social care and support needs are met by their local authority must receive a personal budget as part of their care and support plan, or support plan.

NHS Digital’s Short and Long Term (SALT) Data Returns and Adult Social Care Finance Returns (ASC-FR) contain data on personal budgets and direct payments, but not the specific data points required to directly answer these questions. A complete list of SALT and ASC-FR publications is available at the following link:

www.digital.nhs.uk/data-and-information/publications/statistical/adult-social-care-activity-and-finance-report

Table 34 of the Data Tables resource for the 2021/22 release includes some data regarding the number of people in receipt of personal budgets.

Any parent or carer of a child, or a young person, may request a personal budget as part of their education, health and care (EHC) plan as a means of delivering the outcomes specified in the plan. However, the Children and Families Act 2014 is clear that whilst a personal budget for an EHC plan can include funding from education, health and social care, the scope of that budget will vary depending on the needs of the individual, the eligibility criteria for the different components and the mechanism for delivery. This means that decisions need to be taken on an individual basis, and a blanket approach cannot be put in place. Local authorities and their health partners remain responsible for securing the provision specified in an EHC plan, funded where necessary through joint commissioning arrangements.

Some local authorities have provided access to personal budgets for looked after children and care leavers. For example, two of the Staying Close pilots are trialling the use of personal budgets. However, decisions about the provision of personal budgets and other operational matters are for local authorities.

The Department has published detailed guidance for those who hold a personal budget or personal health budget and take this as a direct payment, as well as clinical commissioning groups (CGGs), local authorities and those provide care and support. This is to ensure holders of direct payments are supported to continue receiving the care they need to keep safe and well during the COVID-19 pandemic.

Care workers and personal assistants have been specifically listed as eligible for the personal protective equipment (PPE) stock which has been distributed to Local Resilience Forums and through the emergency National Supply Disruption Response line. To help operationalise these, local authorities have been encouraged to contact all individuals using direct payments to offer advice and to ensure they know who to contact if they are unable to access recommended PPE.

Working with care sector representative bodies, Public Health England (PHE) published tailored guidance for care homes on 17 April, as well as a specialised training video demonstrating the donning and doffing of PPE in care home settings. Additional guidance on the use of PPE in domiciliary care was published on 27 April. We will keep under review what other forms of training and support may be required locally to ensure safety and respond to the needs of staff working in the sector.

The support available to direct payment holders to replace care workers who are off sick or shielding is detailed in the published guidance at the following link:

https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-for-people-receiving-direct-payments

Personal budgets (particularly direct payments) are designed to be used flexibly and innovatively and so there should be no unreasonable restriction placed on the use of the payment, as long as it is being used to meet eligible care and support needs in line with the care and support plan agreed between those requiring care and their local team which includes healthcare professionals. The local authority then has a duty to ensure that their care meets the needs of the eligible person, and to continue to oversee that care to ensure it addresses the identified needs.

The Department does not make specific recommendations on what should be included in care and support plans, nor do we require local authorities to identify the role of companion animals. Instead, there are exclusions listed within the regulations. Taking this into account, it is the responsibility of clinicians and local teams, in co-operation with patients, their families and carers, to determine what will be included in the care and support plan.

Court and Employment Appeal Tribunal judgments have clarified, over time, what constitutes “work” in connection with sleeping time and therefore when the national minimum or living wage (NMW) is payable for sleep-in shifts. The Government recognises that cumulative financial liabilities relating to sleep-in shifts could pose challenges to some social care providers and individuals, including personal budget holders.

The Government is currently engaging with the social care sector to understand the impact of those liabilities and is exploring options to minimise the impact on the sector, including opening discussions with the European Commission to determine whether any support, if deemed necessary, would be subject to EU state aid rules.

The Government launched the Social Care Compliance Scheme (SCCS) on 1 November 2017. It aims to maintain care service provision, protect existing jobs and maximise the prospects of workers being paid arrears as soon as possible. The SCCS is open to all care sector employers, including personal budget holders and self-funders. It means that individuals affected can benefit from a certain period of time to review what is owed. In practice, where an individual is the subject of an NMW investigation, we expect local authorities to work closely with HMRC to ensure the right outcome in light of the individual’s needs where any liability is identified.

The Department has not made an estimate of the average waiting time for money management arrangements for personal budgets implemented by each local authority.

The Care Act 2014 statutory guidance provides that everyone who is eligible for care and support will receive a personal budget as part of their care plan. The process of allocating the personal budget should be completed in a timely manner, proportionate to the needs to be met. At all times the person should be informed where they are in the care planning process, what will happen next and the likely timeframes.

The Department does not hold this information. Policy responsibility for Personal Care Budgets lies with the Department of Health and Social Care.

The Government is in discussions with the devolved administration as they work with social care sector representatives to better understand the impact of these liabilities in Northern Ireland.

The Secretary of State receives representations on many issues, including regarding social care, but we have not identified any representations specifically relating to this issue.

The Secretary of State has an ongoing dialogue with the Chancellor of the Exchequer on many issues.