To ask the Minister of Health whether (i) he will enable the reintroduction of direct payments to family members, or people in the same household, acting as personal assistants to a care recipient; and (ii) the staffing and care provision shortfalls being experienced in the sector constitute exceptional circumstances.

The temporary flexibilities, which included the possibility of employing a family member as a personal assistant, were introduced as a temporary response to the unprecedented circumstances being faced during the Covid-19 pandemic.

The Personal Social Services and Children’s Services (Direct Payments) Regulations (Northern Ireland) 2004 set out provisions relating to Direct Payments. These state that Direct Payments should not be used to pay spouses/partners or family members and their partners who may be living in the same house as the recipient unless it is necessary to meet assessed needs to an appropriate standard. This is broadly analogous to the position in other parts of the UK.

As noted above, usually a close family member who lives in the same household as a person requiring care is not permitted to be employed via Direct Payments. However, allowing temporary flexibility was seen to be reasonable given the very exceptional circumstances and risks of infection that existed at the time in relation to the Covid-19 pandemic. A short-term, temporary arrangement could therefore be considered in discussion with the named worker and with prior, written permission from the local Trust.

The flexibilities contained in the guidance were initially due to come to an end in March 2022 but were subsequently extended to 30 September 2022. My Department wrote to the Trusts on 26 September 2022 to advise the phasing out of such arrangements, and to revert to previous practice.

In general terms, Direct Payments are not intended to replace existing support networks with family members, and for that reason only in exceptional circumstances can they be used to buy a service from a spouse or civil partner, relative or anyone who lives in the same house. If a service user feels that their situation falls into this category, they should discuss it with their relevant HSC Trust who will consider on a case by case basis.

I recognise that staffing issues, along with increased demand for services have been, and continue to be a challenge across the care sector. Work has been ongoing to deliver additional funding, both in-year and on a recurrent basis, to try to alleviate the ongoing pressures on the system, particularly in regards to recruitment and retention of staff.

I was therefore pleased to announce an uplift of £7.1m for 2022-23 for Direct Payments on 6 October. This should see personal assistants receive an uplift of around 12% in their hourly rate and allow individuals who employ personal assistants via Direct Payments to offer improved rates of pay and, in turn, support the continued provision of care in the context of an increasingly competitive employment market. My officials have written to Trusts advising them of the uplift and asking that the payments are progressed as quickly as practicable.

Individuals employed through Self-Directed Support play a vital role in enhancing the quality of live for the person they are employed by, and I am pleased to be able to recognise the value they bring to both the individuals and the wider HSC system by this £7.1m funding package.

Whilst we continue to operate in a very challenging environment, I will continue to support the care sector in their efforts to meet the current demand for care in the community.