In the White Paper, Our health, our care, our say, the Department also committed to extend the scope of direct payments to those currently excluded from having a direct payment (because they cannot consent or manage a payment, even with assistance), if this is in their best interest.
Work is underway to explore options for extending the availability of payments and this is envisaged to benefit:
There will need to be legislative changes to enable this to happen and this will be affected by parliamentary time. The Department of Health is currently seeking to identify a suitable legislative vehicle that will enable us to make the necessary changes. Following this, and subject to parliament it will issue revised regulations and guidance on the operation of direct payments, these would also take into account the Mental Capacity Act 2005.
In the meantime, the Department wants councils to involve the individual as much as possible in the decision making process and to support them wherever possible to make decisions for themselves.