FOI Request - Pensions Act 2013

Request 101000380654

I write in regard to the Pensions Act 2013 and would be grateful if you could please advise the following -

1.  What plans and policies your local authority has in place to support Direct Payment recipients (including those receiving a Direct Payment through the Social Care (Self-Directed Support)(Scotland) Act 2013)

2.  Whether your local authority council will or has already made financial provision available to Direct Payment recipients to meet their legal duties and obligations in this regard

3.  Whether your local authority will or has already made non-financial support available to Direct Payment recipients to understand their legal duties and obligations in this regard

Response 12-10-2015

1.  The Moray Council has a dedicated Self-Directed Support (SDS) team to support individuals in the running of a Direct Payments (DP).  Within the team there is a Direct Payments Advisor who supports all service users wishing to take a DP, in particular that surrounding the employment of PA's from recruitment to on-going employment issues.  The Moray Council funds employers liability insurance for these packages, along with PVG checks and payroll provision where individuals have a choice of 5 payroll providers at present.
We introduced our Contributions Policy at the beginning of the year to make service users contributions simpler as with SDS not all support can be broken down into hours.
We are currently liaising with our DP service users who employ PA's to obtain their staging date from the Pension's Regulator to ensure that we have the appropriate mechanisms  in place to ensure our service users are adhering to the legislation.

2.  The Moray Council is currently looking at the impact that this will have on both the LA and service users.  We have a short life working group which is looking at the impact of this before any of our service users are affected by auto enrolment and how this can be made as seamless as possible.  An invitation to submit a registration of interest was put into PCS (Public Contract Scotland) for payroll provision to be provided along with the pension requirements in relation to the auto enrolment.  The Moray Council currently provides a payroll service from an approved payroll list which we fund.  It has been agreed that future payroll provision will be funded by the local authority along with any pension contribution that the PA employer has to make under the Act.

3.  The SDS team is currently providing advice to service users who have been notified of their staging date and this will continue for the duration of their DP.

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