Sutton Personal Budget - Links to Legislation

Legislation is a term used to describe laws and the process of creating statutory guidance on the legal rules that affect people in society.

1.2a: Read the SEND Code of Practice 2015 (PDF) [External Link]. 

1.2b : Read the Childrens and Families Act 2014 [External Link]. 

3.2a:  Read the Childrens Act 1989 [External Link]. 

3.2b: Read the Breaks for Carers for Disabled Children Regulations 2011 [External Link]. 

3.3a: Read the Mental Health Act 1983 [External Link]. 

4.3a:Children and young people eligible for Continuing Care who have a PHB and who transition to adult services should be supported to continue to access their assessed health care needs via a PHB, whether they are found to be eligible for adult Continuing Healthcare or not. Although these young people may cease to have a right to a PHB, CCGs can choose to continue to offer services via a PHB on a voluntary basis. Therefore, transitioning from child to adult services should not be the sole reason for stopping a PHB.

4.3b: No Recourse to Public Funds (NRPF) restrictions, for those under section 117 after-care, do not apply. However, once that person’s entitlement to section 117 support ends, or if that patient requires healthcare beyond the section 117 after-care package, then the patient may be subject to charging for NHS care, under those Regulations.

4.4a: In the London Borough of Sutton, short breaks seek to meet 5 outcomes which are: independence, complex needs, challenging behaviour, family resilience and social integration – a short break will usually aim to meet one outcome but can serve to meet multiple at once.

4.4b:The national minimum eligibility criteria was introduced with the Care Act 2014 and implemented in April 2015. It sets out a threshold for adult care and support needs and carer support needs which all councils must meet. The threshold is based on identifying how a person’s needs affect their ability to achieve relevant outcomes and how these needs impact on their wellbeing. In determining eligibility of needs for an adult, the following must be considered: the adult’s needs must arise form or are related to a physical or mental illness; as a result of the adult’s needs, the adult is unable to achieve two or more of the specified outcomes; as a consequence of being unable to achieve these outcomes, there is or there is likely to be a significant impact on the adult’s wellbeing; an adult’s needs are only eligible when they meet all three of these conditions.

4.4c: Read the London Borough of Sutton Direct Payment Policy [External Link].

Download a GoogleDoc of the London Borough of Sutton Direct Payment Policy [External Link].

4.4d: Read the Mental Capacity Act 2005 [External Link].

4.43: Read the Care and Support Regulations 2014 [External Link].  

6.2a: Find more information on a Disabled Facilities Grant [External Link].

6.2b: Read the Care Act 2014 [External Link]. 

7.2a: A young person and/or parents/carer may also wish to open a separate bank account which is only used for these payments and for any other Direct Payments; however, this must be authorised by managers. Within the first 3 months, and thereafter every six months, LBS Council will ask for a short declaration to be completed and to be sent the bank statements and details of expenditure from this account. This is to ensure that the Personal Budget is being used to support the outcomes identified in the child or young person’s EHC Plan. If a young person transitioning to adult services chooses to start receiving their Personal Budget in the form of Direct Payments, it is important that they have their own bank account to receive the funds. If a parent/carer continues to receive the funds, it can cause later issues with the Department for Work and Pensions.