Carers and Direct Payments Act (Northern
Ireland) 2002
The Carers and Direct Payments Act (Northern Ireland) 2002 was
implemented in two stages. It repeals the Personal Social Services
(Direct Payments) (NI) Order 1996. The first stage which came into
force in March 2003 made three main provisions. The Act allows Health
and Social Services Trusts to provide personal social services to
support carers directly. It gives them the right to an assessment
of their own needs. Thirdly, Trusts are required to inform people
of their legal right to a care assessment.The second stage of the
Act, implemented in April 2004, widened the availability of Direct
Payments. Since its implementation, Trusts have had the power to
make Direct Payments available to more people.
The original legislation made Direct Payments available to disabled
people over the age of 18 who were eligible for Social Services
and deemed by the Trust as being willing and able to manage Direct
Payments with as much assistance as necessary. The main changes
that the new legislation brings are that Trusts have the power to
make Direct Payments
- to disabled people (including 16-17 year olds) for services
to meet their own assessed needs.
- to older people who get services from the Trust.
- to disabled people with parental responsibility for a child.
- to people with parental responsibility for disabled children.
- to carers (including 16/17 year olds) for services to meet their
own assessed needs.
In addition,Trusts have a duty to make a Direct Payment, where
someone who has been assessed as needing services requests a Direct
Payment and meets the conditions for receipt of a Direct Payment.
DHSSPS Guidance
The Department of Health and Social Services and Public Safety
has produced "A Guide to Receiving Direct Payments". This
booklet is to help people who are considering using Direct Payments.
Also available is a booklet titled Direct Payments Legislation and
Guidance for Boards and Trusts. You can view a copy of each of these
on our
External Publications page.
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