There are circumstances where the individual, nominated person, suitable authorised person or the Council considers it is appropriate to temporarily cease, suspend or terminate the direct payment.
- where the individual is no longer eligible for Council support
- the individual has an extended period away from their main residence
- loss of capacity of the individual or regaining capacity to consent to a direct payment
- problems with the management of the direct payment
- including misspending, breaching the direct payment agreement, terms and conditions or safeguarding concerns (and where condition in sections 31 or 32 of Care Act Regulations are no longer met).
If there are issues or concerns the Council will work with the individual, their carer, nominated person, suitable authorised person or the third party managing the direct payments in order to explore all available options.
Should there be a decision to suspend or terminate the direct payment this will be confirmed and the care or support plan will be revised to include what arrangements are to be made for alternative support should this be appropriate and how outstanding commitments will be resolved including repayments of any outstanding monies.
Within the notice period terminating the direct payment agreement an audit will take place to establish and agree any final payments relating to this account, to ensure that there are no outstanding contractual liabilities.
The direct payment remains public money and any surplus after settling contractual liabilities existing on the date of termination of the agreement will need to be returned to Worcestershire County Council within a four week timescale following expiry of the notice period.
Any surplus funds that remain outstanding and are not repaid to the County Council after the expiry of 4 weeks following the termination date of the agreement may result in Worcestershire County Council taking legal action against the adult for whom the direct payment is made or their estate to recover those surplus funds. If it is decided that it will be necessary to suspend or terminate the direct payment and the individual continues to have eligible social care needs then the Council has a legal duty to meet those needs.