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SDST 14.10.08DIRECT PAYMENT AGREEMENTThis is an agreement between:(1) Rutland County Council, (The County Council) Catmose Street, Oakham, Rutland, LE15 6HP AND(2)(Name) (You, The Service User)(Address)AND (if applicable)(3) (Name) (The Representative) (Address)Weekly Direct Payment Start date:DescriptionRateUnitsTotalPersonal Care Support hoursAccess AllowanceTotal value of weekly packageYour contributionCounty Council contributionLump Sum Direct PaymentDescriptionDetailTotal Short Break ResidentialNon ResidentialYour contributionCounty Council contribution1. Introductiona. The County Council has carried out an assessment of your needs for community care services and has agreed that the support identified in the attached Support Plan should be provided.b. The County Council is willing to make a Direct Payment to you or your representative to enable you to secure the support identified in your Support Planc. You or your representative acknowledge that your need for community care services may change from time to time, in which case the support described in your Support Plan may change accordinglyd. You or your representative are willing and able to secure the support identified in your Support Plane. The County Council has prepared a Supporting Document entitled Direct Payments Managing your own care and support describing how the Direct Payments Scheme will work. The Supporting Document forms part of the Agreement and you or your representative agree to comply with it.2. The Direct Paymenta. The County Council will pay you the sum of per week (the “Direct Payment”). These payments will be made as per the payment schedule supplied. The Direct Payment may change from time to time in accordance with clause 7.b. The Direct Payment has been calculated to include an assessed charge from the Service User of per week, which represents your contribution to the cost of the Services. This charge may change from time to time in accordance with clause 7.c. Any Lump Sum Direct Payments will be made as agreed in your Support Plan and will be calculated to include any assessed charge that applies. This Direct Payment and charge may change from time to time in accordance with clause 7.3. Method of Direct Paymenta. The County Council will normally make the Direct Payment into a Bank or Building Society account put in place for the purpose of receiving Direct Payments. This is either held in the name of the Service User, the joint names of the Service User and the Representative or in the name of the Representative on behalf of the Service User. In exceptional circumstances alternative arrangements may be made by agreement between the parties.b. You should wait for confirmation in writing from the Community Care Finance Officer before making any payments. A schedule of payment dates will be supplied by the County Council.4. Use of Direct Paymenta. You or your representative will only use the Direct Payment to secure services in accordance with your agreed Support Plan.b. You or your representative will not use the Direct Payment to secure services from any person prohibited by the Supporting Document. 5. Choice of Service Providera. The County Council intends that the Direct Payment will enable you to independently secure the support identified in your Support Plan. However, if in the opinion of the County Council, the person or organisation selected by you to provide the support or service is not able to do this adequately, the County Council has the right to require you to change the person or organisation.6. Legal Requirementsa. You or your representative agree that it is your responsibility to comply with any legal requirements that may arise as a consequence of employing any person.7. Changing the Direct Paymenta. The County Council may increase or decrease the amount of the Direct Payment payable at any time on account of a change in your assessed care needs or outcomes. b. The County Council will review the general allowance for Direct Payments on 1st April each year.c. The County Council may increase or decrease your assessed charge from time to time in accordance with the County Councils charging policies for Community Care Services.8. Reviewa. The County Council will review your care needs and the operation of this agreement annually. The review will determine whether your care needs are being adequately met and how you or your representative are managing the Direct Payment arrangements.9. Financial and Monitoring Requirementsa. In order to enable the County Council to monitor your use of the Direct Payment, you or your representative will comply with the financial and monitoring requirements contained in the Supporting Document and submit records at the following intervals: 3 Monthly6 MonthlyNot applicableExpenditure RecordReceipts/InvoicesBank StatementsWage Slips (Copies)10. Changes in CircumstancesYou or your representative should notify Social Services of any change in circumstances that might affect your Direct Payment, e.g. hospital admissions, any respite care, and changes in care needs.11. Repayment of the Direct Paymenta. The County Council may require you to repay to the County Council the Direct Payment or any part of it if the County Council is satisfied:I. That the Direct Payment or any part of it has not been used to secure the provision of the support as identified in your Support Plan II. That you or your representative have not complied with this Agreement or the Supporting Document; orIII. That you have received payment from a third party (e.g. Independent Living Fund) for the support or some part of the support for which the Direct Payment is being made.12. Ending the Agreementa. The County Council may terminate this Agreement with immediate effect if:I. It is not satisfied that the arrangements made by you or your representative are adequate for securing the support identified in your Support Plan; orII. Any of the terms and conditions of this Agreement are not being met by you or your representative; orIII. You or your representative are not spending the Direct Payment on the support identified in your Support Plan or any part of it.b. Either party may terminate this Agreement by giving to the other party reasonable notice in writing.c. In the event of the Service Users death the County Council will take into a

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