1. Who this policy applies to

1.1 This policy will apply to you if you are an adult over 18 and we have identified that you have eligible social care needs, including support needs as a carer, as set out in the Care Act (2014).

1.2 This policy will also apply to you if you are not entitled to social care funding but we have a duty to, or we agree to arrange your care.

2. Why we have this policy

2.1 The Care Act (2014) places personal budgets into law for the first time. This policy sets out how we will deliver personal budgets in Devon and ensure that you have choice and control in the care and support you receive.

2.2 This policy has been developed because of new national legislation that has set out the law relating to personal budgets in terms of what you can expect and how we must act.

3. What the policy will achieve

The aims and objectives of this policy:

a) Your personal budget will always be a sufficient amount of money to meet your eligible care and support needs.

b) You will have greater choice, and will be able to control how your eligible care and support needs are met.

c) You will be clear about how we have calculated your personal budget.

4. The Policy

A personal budget

4.1 A personal budget is the amount of money we allocate to you to meet your eligible needs. The value of your personal budget will be the cost to us of meeting your needs.

4.2 If you are receiving a service that we must not charge you for such as providing equipment, intermediate care or reablement, or any information and advice, then your personal budget will not include an amount of money for that service.

Establishing a personal budget

4.3 We will carry out a needs assessment or carers assessment with you, and use the national eligibility criteria set out in the Care Act 2014 to establish if you have eligible needs. If we identify that you have eligible needs we will then work out the value of your personal budget.

4.4 If you are a carer, we will be clear in identifying whether a service is provided to you to meet your needs as a carer, or to meet the needs of the person you are caring for. The cost of the service will be added to the appropriate person’s personal budget.

4.5 We estimate the value of your personal budget through the Resource Allocation System (RAS). This system estimates the value of your personal budget based on the cost of care and support for other people with similar needs to you. We regularly update the RAS to reflect the current cost of care.

4.6 An estimated personal budget will be identified and shared with you, and anybody else you would like to be involved, at the start of your care and support planning. The final amount of your personal budget will be confirmed through the care and support planning process.

4.7 If your care and support plan can be delivered for less than your estimated budget then your personal budget will be set at that lower amount.

4.8 We will review your personal budget every year, or more often if your needs change. This will be at the same time as we review your care and support needs.

4.9 We will always try to get best value. If we can meet your eligible needs safely and effectively at a lower cost than your existing personal budget, then we may reduce your personal budget to reflect this.

Transport

4.10 Where a person is able to meet their own transport requirements in order to access services or support, we will expect them to do so. Where a person is unable to meet their own transport need, we will help to identify the most appropriate transport option for them.

4.11 The Estimated Budget identified by the Resource Allocation System does not include an allocation for transport.

4.12 However where a person or carer has eligible transport needs, the cost of travel to access services will be included in the person’s Personal Budget.

4.13 Where a person wants to make their own transport arrangements, the funding will be included in their Direct Payment.

Choice and control

4.14 To ensure that we can support people in a fair way and achieve best value from our limited adult social care budget we have a Fair and Affordable Care policy that explains how and when we may be able to fund a particular preference you may have, and when we will not be able to do so.

4.15 We also have a Financial Top-Up policy that sets out how and when you can make additional payment to pay for preferred accommodation or providers that we may not be able to fund.

4.16 If you want to arrange some or all of your care and support yourself you may chose to receive all or part of your personal budget as a direct payment. We have a Direct Payments policy that explains how this works in Devon.

4.17 You may want a nominated person to manage your personal budget and your care and support plan on your behalf rather than doing it yourself or asking us to do it; we can support you to make these arrangements.

Promoting Independence

4.18 The Care Act states that we need to consider promoting independence and reducing the needs a person has at every opportunity.

4.19 The Act emphasises the importance of “preventing or delaying the development of needs for care and support and the importance of reducing needs that already exist. At every interaction with a person, a local authority should consider whether or how the person’s needs could be reduced or other needs could be delayed from arising.”

4.20 Devon County Councils Promoting Independence Policy will always be applied and the potential for the following support should always be considered as ways of promoting independence:

• Providing information on healthy life choices
• Providing information on community resources
• Identifying personal strengths and supportive relationships

4.21 Your care and support plan will wherever possible aim to reduce needs that already exist and to prevent or delay the developments of additional needs for care and support.

Reviewing your personal budget

4.22 Reviews are undertaken either face-to-face or over the telephone, whichever is deemed the most appropriate and proportionate.

4.23 At your review the value of your personal budget may change if your care and support needs have changed and your personal budget no longer represents best value

4.24 During your review we may identify that your eligible needs have reduced and you are more independent, if this is the case then the value of your personal budget will change.

Policy details

Version	4.0
Strategic Owner	Keri Storey, Head of Integrated Adult Social Care Operations
Business Owner	Tina Ramage, Principal Social Worker, Operations
Author	James Martin, Policy Manager
Date of Approval and Commencement	June 2017
Last review date	March 2023
Last reviewer	Becki Billing, Senior Policy Officer
Changes made at last review	Minor terminology changes
Next review date	Quarter 1,  2024/25