What is a nominated person?
Where a person has the mental capacity to decide, they can ask for someone else to receive a direct payment on their behalf. This person is called a nominated person.
Where we agree, a nominated person receives the direct payment on behalf of the person with needs. What the nominated person does can differ, depending on whether the needs the direct payment is intended to meet are health or social care needs.
A nominated person and social care needs
If the direct payment is being used to meet social care needs, the nominated person usually helps the person with needs to manage their direct payments, but they do not take full responsibility for the arrangements made using the direct payment. For example, if the direct payment is used to employ someone, the nominated person is not the employer (the person with needs is the employer).
A nominated person and healthcare needs
If the direct payment is being used to meet healthcare needs the nominated person is responsible for managing it, and for complying with all the obligations that come with having a direct payment. For example, if the direct payment is used to employ someone, the nominated person is the employer (the person with needs is not the employer).
A nominated person must not be:
- someone who is going to be employed using the direct payment or
- someone from whom the direct payment will be used to buy a service
- anyone else the law says cannot act as a nominated person
The details of an authorised person are recorded in the support plan of the person with needs. We usually include the nominated person in all reviews of the direct payment so that they understand their legal obligations to act in the interests of the person with needs.
Making a direct payment to a nominated person
Before we make payment to a nominated person, we must be satisfied that:
- they agree to receive the direct payment on behalf of the person with needs
- they understand what level of help they have agreed to give the person with needs, to manage the direct payment
- they are able to give that level of help to the person to manage their direct payment, with or without extra support
- a direct payment is an appropriate way to help the person with needs, and offers value for money.
In some cases we might ask that an enhanced criminal record certificate is obtained. The cost of criminal record checks via the Disclosure and Baring Service (DBS) will not generally be met by us or included in the direct payment amount.
Where we agree to make payment to a nominated person, both they and the person with needs must sign a direct payment agreement with us, agreeing to their responsibilities. You can read a standard version of the agreement on the direct payments page. Sometimes we work with the person with needs and the nominated person to change the agreement slightly, to make sure it is right for individual situations. Care professionals will talk through the agreement first, before asking anyone to sign it. Anyone who wants to act as a nominated person can seek independent advice if they want to.
Role and responsibilities of a nominated person
The direct payment agreement sets out in detail what is expected of a nominated person. The nominated person must comply with this agreement, which can be found on the direct payments page.
A nominated person and social care needs
If a direct payment is being used to meet social care needs, as a minimum, key responsibilities of the authorised person include:
- acting in good faith, and taking proper care when acting for the person with needs
- checking that direct payment monies have been received from us, and are enough to meet the person’s needs
- not spending the money on anything outside of the person’s support plan
- keeping records of what is spent, and showing them to us if we ask
- if asked, joining in with our regular reviews of the direct payment, to check monies are properly being spent and the person’s needs are being met
- not spending the direct payment on anything illegal
- letting us know promptly if there are any changes in the person’s circumstances, of which they are aware.
The nominated person might agree with us, and with the person with needs, that they will give them more help than is summarised above.
A nominated person and healthcare needs
If the direct payment is being used to meet health care needs, as well as taking on all the responsibilities set out above (for social care needs), the nominated person will comply with all the obligations that come with having a direct payment. This means they will be responsible for any contracts of employment or for services, not the person with needs.
The responsibilities of a nominated person receiving a direct payment to meet healthcare needs are more like the responsibilities of an authorised person. You can read about the role of an authorised person.
We will ask that an enhanced criminal record certificate is obtained. The cost of criminal record checks via the Disclosure and Baring Service (DBS) will not generally be met by us or included in the direct payment amount.
Help for the nominated person
A nominated person who is managing a direct payment can get help, if they need it. Care professionals can advise on the help available. If we agree that the nominated person needs help, the reasonable costs of the help will be included in the direct payment. We will agree what help the nominated person needs by recording it in the support plan.
Asking us to make payment to a nominated person
If you think you might like to nominate someone to receive a direct payment on your behalf, contact your usual worker. If you don’t have a usual worker, contact the Single Point of Access (SPA) on 01472 256256 or for health direct payments the Continuing Healthcare HUB on 0300 330 2990.
You should not allow someone who you have not agreed to be a nominated person to access your direct payment account.
Page last updated: 06 Oct 2023