Version: 7
Last Amended: 31 March 2026
Next Review: 31 March 2027

This policy only applies to Northern Ireland.

1. Background

To be eligible for ILF Scotland funding, recipients must not have capital exceeding £35,500. This is in line with the thresholds used by Health and Social Care Partnerships (HSCP) in Scotland for residential care charging.

For those first accessing awards from 1 April 2024 this policy does not apply.

2. Definition of Capital

The ILF Scotland definition of capital includes:

• savings 
• one-off lump sum payments  
• investments (not including annuity payments which are regarded as income)
• property / land (apart from the home a user / applicant lives in)

3. Policy

Recipients with capital above £35,500 will not be eligible for ILF Scotland funding.

4. Disregard of Capital

4.1 Benefits                       

ILF Scotland disregard the capital of people claiming the following benefits: 

• Income Support
• Income based Jobseeker's Allowance 
• Income based Employment and Support Allowance
• Pension Guarantee Credit 

Department for Work and Pensions (DWP) conditions for receipt of these benefits is sufficient to confirm capital limit eligibility for an ILF Scotland Fund award.

4.2 Capital set aside for impending disability-related purchases

ILF Scotland can disregard the value of capital set aside specifically for impending disability related purchases, which could include, for example, equipment or home adaptations. In these circumstances, ILF Scotland will arrange for one of its Assessors to visit the recipient, and will ask to see evidence of the planned expenditure.

4.3 Vaccine Damage Payments

Any capital a recipient or applicant receives as a result of being awarded a Vaccine Damage payment is disregarded in full, whether held in a trust fund or not.

5. Deprivation of Capital

ILF Scotland will consider a Recipient as having capital where they have purposely deprived themselves of capital in order to receive or continue to receive money from ILF Scotland.

6. Capital Held in Trust

Recipients may:

• be a beneficiary under a trust fund
• have funds administered through the Public Guardian (Scotland) or the Office of Care and Protection (N Ireland) 
• receive payments from the Thalidomide Trust

We refer to all of these as Trust Funds. The capital from a Trust Fund may affect someone’s eligibility for ILF Scotland funding. If relevant capital held in a trust fund exceeds £35,500 there will be no eligibility for ILF Scotland funding.

ILF Scotland will consider the implications of trust funds on ILF Scotland funding on a discretionary and case by case basis.

ILF Scotland Assessors or Specialist Caseworkers can refer decisions, as required, to its Management Team.

7. Version History

Version 1: 1 July 2015
Version 2: 1 October 2018
Version 3: 1 June 2022
Version 4: 31 March 2024
Version 5: 7 June 2024
Version 6: 21 July 2025
Version 7: 31 March 2026

Version: 5
Last Amended: 3 August 2026
Next Review: 31 March 2027

1. Background

Regulation of Care (Scotland) Act 2001, the Public Services Reform (Scotland) Act 2010 and The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 confirm that agencies providing certain services including personal care and support, must be registered.

The purpose of the legislation is to verify that agencies meet required quality and safety standards. These standards ensure that agencies treat Recipients appropriately and that the service that they provide is safe.

A care agency that is providing a regulated activity without being registered is operating illegally.

Agencies, providing only domestic cleaning services do not need to be registered.

We have listed the authorities responsible for registration at Section 6 of this policy.

2. Registration of Agencies

Where a Recipient is engaging with an agency that is providing personal care or other regulated services, ILF Scotland will only provide funding if that agency is registered.

Where an agency is not registered, ILF Scotland will advise the Recipient of our policy and ask the Recipient to refer the agency to the appropriate regulatory body. In order to continue to receive ILF Scotland funding, the Recipient will have to find an alternative provider. This may be a registered agency or a Personal Assistant. ILF Scotland will continue to provide funding for a period of up to three months to allow the Recipient to make these arrangements.

If the agency that the Recipient is employing is in the process of being registered, ILF Scotland will continue to fund, subject to registration proceeding within three months.

3. Introduction Agencies

Some care agencies provide an introduction service whereby they recruit carers and match them to Recipients as Personal Assistants and they charge for this introduction service. ILF Scotland can pay agency introductory fees.

The Recipient may then become the employer and be responsible for any employer costs. In some circumstances, the introduction agency may refer a self-employed PA. If the person introduced to the Recipient is self-employed, the Recipient should check with the agency that this arrangement is acceptable to HMRC.

4. Agency Care and Relatives of the Recipient

Should a Recipient or their partner set up a care agency, ILF Scotland will not fund support from that agency. It will allow a Recipient to use ILF Scotland funding to pay for support provided from a care agency set up by a relative other than the Recipient’s partner.

If a relative living in the same household as the Recipient is employed by a care agency and delivers support to the Recipient, ILF Scotland can fund this.

5. VAT

The Value Added Tax Act 1994 (applicable across the UK) exempts the supply by a state-regulated private welfare institution of care, designed to promote the physical or mental welfare of disabled persons, from VAT. This does not include the supply of accommodation or catering except where it is ancillary to the provision of care.

All registered care agencies are exempt from VAT and so should not charge VAT on care and support services. ILF Scotland will only agree to pay towards care and support provided by registered agencies. If a Recipient pays VAT on agency service charges, ILF Scotland will not reimburse this. If ILF Scotland agrees to fund other VAT eligible services, the Recipient should clearly identify what these are.

An introduction agency service may be eligible for VAT. ILF Scotland can cover this cost.

6. Regulatory Authorities

Scotland: Care Inspectorate

Northern Ireland: Regulation and Quality Improvement Authority (RQIA)

England: Care Quality Commission (CQC)

7. Version History

Version 1:  1 July 2015
Version 2:  8 July 2022
Version 3:  31 March 2025
Version 4: 31 March 2026
Version 5: 3 August 2026

Version: 6
Last Amended: 3 August 2026
Next Review: 31 March 2027

1. Background

The Independent Living Fund Scotland (ILF Scotland) exists to support independent living[1] for disabled people in Scotland and Northern Ireland.

ILF Scotland wants to ensure that the disabled people it provides funding to can exercise choice and control over how they use their funding to help achieve their own independent living outcomes[2]. We aim to adopt a human rights approach to all that we do, and we seek to ensure our actions support the realisation of Article 19 of the United Nations Convention on the Rights of Persons with Disabilities – “living independently and being included in the community”.

We believe this policy incorporates the principles of Co-operation, Dignity, Informed Choice, Involvement, and Participation, embedded in the Social Care (Self-directed Support) (Scotland) Act 2013.

2. Policy

We understand that each Recipient may use their ILF Scotland funding differently to help them achieve the independent living outcomes that are important to them. This policy discusses a variety of supports that Recipients can use ILF Scotland funding to purchase.

3. Funding from ILF Scotland and HSCPs / HSCTs

ILF Scotland funds two groups of Recipients:

• Group 1 – ILF Scotland may be the only or majority funder.
• Group 2 – Joint funding with Health and Social Care Partnerships (HSCPs) in Scotland or Health and Social Care Trusts (HSCTs) in Northern Ireland, who should be the majority funder.

For Coming Home Recipients, ILF Scotland may on a case-by-case basis, and at the discretion of its Senior Leadership Team, be the majority funder on a temporary or longer-term basis.

ILF Scotland funding is not intended to meet statutory needs as assessed by HSCPs or HSCTs. To maintain eligibility for ILF Scotland funding, Group 2 Recipients must have a minimum level of funding in place from their HSCP or HSCT, known as the ‘Threshold Sum’.

ILF Scotland expects that the HSCP or HSCT will complete a Self-directed Support (SDS) assessment and subsequently share evidence with ILF Scotland that it continues to meet the relevant Threshold Sum. For further details, please see Policy 24 - Statutory Input to ILF Scotland Funding.

ILF Scotland funding is additional to HSCP / HSCT responsibility, and we expect Recipients to use ILF Scotland funding to meet additional and complementary Independent Living outcomes.

For Coming Home Recipients, ILF Scotland may, on a case-by-case basis, agree to provide funding for support, services, or items that would normally fall within the responsibility of the HSCP.

We may agree to this on a temporary or longer-term basis to ensure that Coming Home Recipients are not living in inappropriate settings or are not delayed in hospital or to avoid a breakdown in their current support arrangements. This may include agreeing to fund services, support, or items that would usually be the responsibility of the HSCP or another statutory body.

4. Support that ILF Scotland Funding Can Cover

ILF Scotland encourages Recipients to use their funding flexibly to achieve Independent Living outcomes in a way that suits their individual needs and helps overcome any barriers they might face to independent living. ILF Scotland funding can help Recipients to, for example:

• have choice and control and to live their life in the way they choose, taking into account risks that may need to be managed
• be an active citizen by being involved in, and contributing to, things that are important to them
• be involved in commissioning or recruiting the support they require
• live with dignity and respect
• maintain or develop physical, mental, and spiritual health and wellbeing
• participate in community life through work, learning, training, and personal interests
• maintain relationships with family and friends and build connections in wider networks

Most people use their ILF award to fund social care assistance from a Personal Assistant or care provider, however, the use of funding is not limited to this if there are other appropriate ways of achieving independent living outcomes. Recipients should discuss and agree how they wish to use ILF Scotland funding with an ILF Scotland Assessor during an initial or review visit. Any arrangements that ILF Scotland agrees to fund must be lawful in purpose and assessed by ILF Scotland as appropriate in use.

5. Changing the Use of ILF Scotland Funding

ILF Scotland will have agreed with the Recipient how they wish to use their funding and what independent living outcomes this will help achieve. Within this arrangement, Recipients should be able to manage their funding flexibly throughout the year in a way that best meets their identified independent living outcomes.

If a Recipient then wishes to achieve a different independent living outcome, they should always discuss this with ILF Scotland first as we are not able to approve a change in use retrospectively. Any changes not agreed could result in an overpaid award, and we may then ask for the appropriate amount of funding to be repaid.

ILF Scotland can agree to a change, providing any changes are, in our judgement, demonstrably in the Recipient’s best interests and sit within this policy and within ILF Scotland’s overall policy framework.

ILF Scotland will consider any proposed changes to a Recipient’s use of funding that result in an increased award in line with Policy 18 - Increases in ILF Scotland Awards and Policy 20 - ILF Scotland Payments.

6. Things ILF Scotland will not normally fund

ILF Scotland will not normally approve funding for support and services that are the responsibility of another provider / source. Examples of this are:

• Independent Living Aids
• Adaptations to a home or home boundaries
• Access to Work
• Disabled Facilities Grant
• Communication aids
• Everyday expenditure such as food or clothing
• Medical or nursing care
• Care and support currently or previously funded by a HSCP / HSCT

From 3 August 2026, for Coming Home Recipients, ILF Scotland can, on a case-by-case, basis agree to make payments to fund support, services and items that are usually the responsibility of the HSCP or other statutory body to fund.

7. Flexible Funding

Recipients may, on an exceptional basis, seek additional funding from ILF Scotland to enhance or maintain their independent living outcomes. We call this a Flexible Funding request.

Recipients should make requests and receive agreement from ILF Scotland before committing to any expenditure. This is because we will not approve flexible funding requests retrospectively.

Any request for flexible funding must sit within this policy and within ILF Scotland’s current policy framework and within available resources.

7.1 Unspent Money

Recipients can keep up to one week of their normal ILF Scotland award as a contingency fund to pay for any extra assistance or support. The contingency should be net of any outstanding payroll or invoices for support.

Recipient must return any excess funding, which we refer to as unspent monies, to us. ILF Scotland is responsible for the use of its public funds and is accountable to the Scottish Government. ILF Scotland can ask Recipients to return any unspent funding or to pay back any funding that it considers has been misused.

When returning unspent monies, Recipients can, if they wish, submit a flexible funding request to use part of this money to fund an independent living outcome previously agreed with ILF Scotland. The ILF Scotland Specialist Caseworker will submit all such requests to ILF Scotland’s Senior Leadership Team to consider on an individual and discretionary basis.

7.2 Requests for Flexible Funding following ILF Scotland Visits

We aim to carry out a review visit approximately every two years. At this visit, we agree, with the Recipient, the independent living outcomes that we will fund.

If required, and on an exceptional basis, a Recipient can discuss the need for a flexible funding request with their ILF Scotland Assessor at a review visit, whether there are unspent monies to be returned or not. A Recipient can request one flexible funding request after each ILF Scotland review visit.

The request for flexible funding must clearly identify the applicant’s independent living outcome, the barriers to achieving this outcome, how the funding will facilitate its achievement, and confirm that there is no other way of achieving the outcome. ILF Scotland Assessors must be satisfied that the request is in the best interests of the Recipient and that the Recipient agrees and that the proposed arrangements are safe, legal, and appropriate.

The Assessor should submit all such requests with their recommendations via a referral to ILF Scotland’s Leadership Team who will consider these on an individual and discretionary basis.

8. Keeping Records

Recipients should always keep a clear financial record of how they have used their ILF Scotland funding. Further details are contained in the ILF Scotland Your Responsibilities Guide.

9. Cross References

Policy 18 - Increases in ILF Scotland Awards

Policy 20 - ILF Scotland Payments

Policy 24 - Statutory Input to ILF Scotland Funding

Your Responsibilities Guide

10. Version History

Version 1: 1 July 2015
Version 2: 14 January 2021
Version 3: 31 March 2024
Version 4: 31 October 2024
Version 5: 31 March 2026
Version 6: 3 August 2026

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[1] Independent living means, “Disabled people have the same freedom, choice, dignity and control as other people at home, at work and in the community. It does not mean living by yourself or looking after yourself on your own. It means the person has rights to practical assistance and support to participate in society and live an ordinary life.” (Independent Living in Scotland Project, 2008).

[2] Where we refer to outcome in this policy, we mean a result that is important to the Recipient.

Version: 8
Last Amended: 31 March 2026
Next Review: 31 March 2027

1.     Background

ILF Scotland assumes recipients will make a contribution towards their ILF funded support.

This policy does not apply to new recipients of the Fund applying after 1 April 2024.

2.     Policy

Effective from 1 June 2021 in Scotland and from 1 October 2022 in Northern Ireland, the maximum contribution from any ILF Scotland recipient is limited to the value of £43.00 weekly.

ILF Scotland will maintain that lower value and will cap all contributions properly made at 1 June 2021 / 1 October 2022 at that level with no further increase in any assumed contribution.

All earlier versions of Policy 4 are archived for reference, in the event of any required recalculation of a contribution, ILF Scotland can at its discretion, reduce a contribution to a level it feels appropriate if a recipient would have been better off under a previous version of this or related policies.

ILF Scotland will wholly disregard any partner or spouse income.

Where a Health and Social Care Partnership (HSCP) or Trust (HSCT) decreases its charge, from 1 June 2021 / 1 October 2022, ILF Scotland will take no account of that decrease.

3.     Policy Qualifications

ILF Scotland has the discretion to waive, in part or in full, any assumed   contribution in circumstances of hardship, which might include: 

• Terminal illness (full waiver will apply)
• Disability related costs
• Costs related to the care of children
• Any overlap with HSCP / HSCT charging to the recipient’s detriment

Protections given by ILF UK to certain Group 1 (former Extension Fund) recipients are preserved indefinitely, on the basis and level given at 1 July 2015.

4.     Payment of ILF Award

ILF Scotland bases its award on its assessment of the support a recipient requires. ILF Scotland will establish the award, deduct any assumed contribution as outlined in section 2 of this policy, and having considered any implications of section 3, will make this net award to recipients.

5.     Procedural Considerations

ILF Scotland will deduct the assumed contribution from the weekly cost of support or the weekly cost of a retainer. Examples:

• If someone is paid on receipt of invoice rather than automatically, the contribution will be deducted from the invoice total.
• Where a retainer is paid for part of the usual support for the PA element but not the agency element, ILF Scotland will deduct the contribution from the gross retainer amount.
• If a recipient requires a replacement award for a limited or ongoing period, ILF Scotland will always deduct the contribution.

6.     Unspent Monies / Overpayments

ILF Scotland will base its calculation of unspent monies or any overpayment on the net amount it paid and will not take into account the recipient’s contribution.

7.     History Review

Version 1:  1 October 2018
Version 2:  1 October 2019
Version 3:  31 March 2020
Version 4:  1 June 2021
Version 5:  30 June 2022
Version 6:  1 April 2024
Version 7:  31 March 2025
Version 8:  31 March 2026

Version: 5
Last Amended: 31 March 2026
Next Review Date: 31 March 2027

1. Background

Promoting the protection of children and adults is a key duty for all ILF Scotland staff and is explicit in our policies, procedures and values. The health, safety and welfare of all persons who use ILF Scotland services are of paramount importance. All activity associated with ILF Scotland process must be carried out in accordance with this principle, with a view to ensuring that services meet the identified needs of individual recipients in a manner which promotes and respects their independence and affords them choice in the way the service is provided, while maintaining their safety.

2. Policy

Health & Social Care Partnerships / Northern Ireland Trusts (HSCP / HSCT) have a statutory responsibility in respect of children (Children (Scotland) Act 1995) and adults (Adult Support and Protection (Scotland) Act 2007), The Children (Northern Ireland) Order 1995 and The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.

In addition, there is National Guidance for Child Protection in Scotland 2021 - updated 2023 - gov.scot (www.gov.scot)

However, all services that work with children and adults are responsible for promoting, supporting and safeguarding the wellbeing of all children and adults at risk of harm and ensuring that members of the public know who to contact if they are concerned about a child or adult at risk of harm.

All ILF Scotland staff have a duty to report concerns of harm. If any ILF Scotland staff member becomes aware of potential or actual harm, they will act with or without the consent of the ILF Scotland applicant / recipient or of the person affected, by providing information in the form of a referral to the relevant HSCP / HSCT, and in line with the policy of that HSCP / HSCT. This will normally involve using an agreed referral form or by telephone.

3. ILF Scotland Staff

For all ILF Scotland staff, protecting children and adults means recognising when to be concerned about their safety and understanding when and how to share these concerns. ILF Scotland provide all relevant staff and Board Members with Child and Adult Protection Awareness training, both at time of induction, followed by regularly updated training every three to five years or individually as required.

All staff should be familiar with this Protection Policy and the Procedure Guidance. All staff have the required Disclosure checks and Registered Body memberships.

4. Procedure

If any staff member becomes aware of potential or actual harm, they will:

• Where possible, discuss any concerns of harm with their line manager or a member of the ILF Scotland Senior Management team. However, this does not stop any staff member reporting concerns immediately to the relevant HSCP / HSCT.
• If any reported concern involves an ILF Scotland applicant, recipient or family member, ILF Scotland staff will follow up as appropriate to ensure the safety and wellbeing of the person.
• Any protection concerns will be reported timeously to the Senior Management Team and quarterly to the Board of Directors and the Scottish Government / Department of Health NI Sponsor Teams.

5. Adults at Risk

The Adult and Support Protection (Scotland) Act 2007 defines Adults at risk of harm or self-harm as adults who:

• are unable to safeguard their own well-being, property, rights or other interests
• are at risk of harm, and
• because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected

6. Harm or Abuse of an Adult at Risk

Abuse may be of a physical, psychological, sexual, financial, neglectful or discriminatory nature or other type. This could be a single act or repetitive acts. Examples include:

• where a third party is using an adult’s money for purposes other than that for which it is intended and as previously agreed with ILF Scotland
• where a person puts pressure on an adult at risk to allow someone to carry out care tasks when the adult at risk adult does not want them to
• where someone forces an adult at risk to take part in sexual activities when they have neither the capacity nor the ability to consent to this. (See the Protection Policy Guidance for more details)

7. Children at Risk

In Scotland, a child is generally considered to be someone under the age of 18. Child protection in Scotland should be seen in the context of the wider, “Getting It Right For Every Child” (GIRFEC) approach, the Early Years Framework and the UN Convention of the Rights of the Child. GIRFEC promotes action to improve the wellbeing of all children and young people in eight areas. These wellbeing indicators are known as SHANARRI (safe, healthy, achieving, nurtured, active, respected, responsible and included). The primary indicator for child protection is to keep a child safe and, in doing so, give attention to other areas of wellbeing as appropriate.

In Northern Ireland, the legislative framework for the child protection system is set out in The Children (Northern Ireland) Order 1995. This sets out parental responsibilities and rights and the duties and powers public authorities have to support children.

The creation of the regional Safeguarding Board for Northern Ireland (SBNI) was set out in law in the Safeguarding Board Act (Northern Ireland) 2011. This also established five Safeguarding Panels to support the SBNIs work at a Health and Social Care Trust (HSCT) level.

The Children’s Services Co-operation Act (Northern Ireland) 2015 requires public authorities to co-operate in contributing to the wellbeing of children and young people, in the areas of:

• physical and mental health
• enjoyment of play and leisure
• learning and achievement
• living conditions, rights and economic wellbeing

8. What is Child Abuse or Neglect?

Abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting, or by failing to act to prevent, significant harm to the child. Children may be abused in a family or in an institutionalised setting, by those known to them, or more rarely, by a stranger. Child protection means protecting a child from child abuse or neglect.

9. Values Statement

Notwithstanding the duty to report concerns of harm, ILF Scotland supports recipients to exercise choice and control, promoting positive risk taking, to enable recipients to use their funding in an outcome focused way to lead independent lives.

10. Review History

Version 1: 1 July 2015
Version 2: 1 October 2018
Version 3: 13 March 2024
Version 4: 1 July 2024
Version 5: 31 March 2026

Version: 4
Last Amended: 8 July 2026
Next Review Date: 31 March 2027

1. Suspension Policy

ILF Scotland will on occasion be required to suspend a Recipient Award, normally in any of the following circumstances:

• The Recipient is admitted to hospital or to a nursing or residential care setting for a period of more than one calendar month. See 1.1, below.
• The Health & Social Care Partnership / Trust no longer meets the Threshold Sum. See 1.3, below.
• The Recipient is no longer resident and present in Scotland / Northern Ireland.
• Temporary breakdown of care / support package.
• Other circumstances where no ILF payment is requested, for example, the Recipient takes a respite break and ILF is not required or non-availability of Personal Assistants due to planned holidays.
• Failure to comply with Award Management responsibilities.
• The Recipient or the Award Manager on their behalf asks ILF Scotland to suspend the award because the funding and support is no longer required.

1.1 Hospital Admission

If a Recipient continues to receive ongoing support from their Personal Assistant or Care Provider while they are in a hospital/care setting, ILF Scotland can continue to pay the award for a period of up to six months. Any decision to extend the payment beyond six months will be at the discretion of ILF Scotland’s Management Team.

For further information about hospital stays, please contact the ILF Scotland Casework team to discuss by telephoning 0300 200 2022 or by emailing enquiries@ilf.scot.

1.2 Threshold Sum

To remain eligible to receive ILF Scotland funding, the relevant HSCP / HSCT must be providing services or funding to the Recipient to a value at least equal to a Threshold Sum. If a HSCP / HSCT reduces its funding below the Threshold Sum, the Recipient will no longer be eligible for ILF Scotland funding and ILF Scotland may then suspend the award. Please see Policy 24 - Statutory Input to ILF Scotland Funding for more information.

Where ILF Scotland suspends an award, this can be for a specific period or indefinitely. ILF Scotland will not automatically close an award other than on the death of a Recipient.

ILF Scotland will retain awards in suspension for an initial period of five years and will review these in accordance with its existing two-year review cycle. ILF Scotland’s Management Team will consider any request to extend the period of suspension beyond five years.

2. Policy for Reinstating Awards

Entitlement to ILF Scotland funding can remain indefinitely / for the lifetime of the person and ILF Scotland can reinstate its funding at any time, providing the Recipient’s is eligible according to ILF Scotland’s Policy 24 - Statutory Input to ILF Scotland Funding and Policy 36 - Short-Term Care.

ILF Scotland should, if satisfied that the Recipient is eligible, reinstate the award and, subject to being provided with satisfactory evidence, will have the discretion to backdate the award to an appropriate date. When required, ILF Scotland will arrange for a joint review with Social Work to ensure that the appropriate package of care / support is in place to meet the needs of the Recipient.

3. Cross References

Policy 24 - Statutory Input to ILF Scotland Funding

Policy 36 - Short Term Care | ILF Scotland

4. Version History

Version 1: 1 July 2015
Version 2: 25 April 2021
Version 3: 12 March 2024

Version: 4
Last Amended: 31 March 2026
Next Review: 31 March 2027

1. Background

ILF Scotland is committed to supporting independent living for its recipients without compromising their family relationships. For that reason, ILF Scotland will not normally fund a relative living in the same house as the recipient to act as a paid Personal Assistant.

2. Definition of Relative

The Family Law Act (1996) defines a relative, in relation to a person, as:

“(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse or former spouse, or

(b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by affinity) of that person or of that person’s spouse or former spouse, and includes:

- in relation to a person who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other.”

3. Definition of a House

A house is normally a self-contained building or part of a building used as a person’s home and a single household. We will consider the recipient and relative to live in separate houses if each house has:

• exclusive occupation and access
• separate postal addresses
• separate council tax billing
• separate utilities
• the ability to be sold separately from each other
• no conditional restrictions on occupancy

4. Policy

ILF Scotland will not normally fund a relative living in the same house as a recipient to act as a paid Personal Assistant to the recipient.

ILF Scotland can only agree to fund a relative living in the same house in exceptional circumstances and as a last resort after exhausting all other alternatives. For example, if this is the only option to avoid admission to a care establishment, where the relative is the best person to provide specialist support or where it is difficult to recruit an alternative Personal Assistant / lack of available agency / care provision.

It must be evident that this option of employing a relative living in the same household is the preferred choice of the recipient and is the only satisfactory means of providing the necessary support to allow the recipient to achieve their independent living outcomes.

ILF Scotland’s Management Team must consider on an individual basis, any request to fund a relative living in the same household as the recipient to act as a paid Personal Assistant.

Where this request is unsuccessful, the recipient can appeal to ILF Scotland’s Chief Executive, who will not be involved in considering the initial request.

4.1  Key Factors in considering a request:

• the recipient’s independence is in danger of being lost
• all other care / support avenues have been exhausted
• the recipient would need to move out of their current home to residential / nursing care or an alternative model of care and support
• the recipient’s health will significantly deteriorate if an exception is not made
• professional evidence of a need for the relative to be the paid carer for example key tasks / specialist support can only be carried out by that person
• previous abuse or a traumatic event has led to extreme lack of trust
• specific cultural / religion or faith issues
• geographical isolation
• ability to secure recipient’s agreement – if a recipient is unable to communicate with anyone other than the relative (it is rare that an individual cannot communicate with anyone outside their immediate family), the Assessor will make all attempts to establish the persons wishes including independent advocacy

5. Procedure

ILF Scotland will only consider a request to employ a relative living in the same house as a recipient once one of its Assessors carries out a review visit. The Assessor will ask to see the recipient and relative separately. Where required, the Award Manager / HSCP / HSCT / an advocate will be involved in the visit.

The ILF Scotland Assessor will make a professional assessment and recommendation following the request for the application and will subsequently refer the decision to ILF Scotland’s Management Team. The Assessor will also establish, where relevant, if the HSCP/HSCT is likely to support the plan.

ILF Scotland Assessors will also refer cases to the Management Team where it becomes evident that a relative who lives in the same house as the recipient was employed without prior ILF Scotland agreement. Payments will continue until the management team make a decision about whether the situation can be approved or not and if not, this might mean that an overpayment of ILF Funding will occur.

6. Version History

Version 1: 1 July 2015
Version 2: 30 March 2019
Version 3: 31 March 2023
Version 4: 31 March 2026

Version: 7
Last Amended: 3 August 2026
Next Review: 31 March 2027

1. Background

This policy is relevant for all ILF Scotland Recipients other than those in Group 1.

2. Policy

2.1 Threshold Sums  

To remain eligible to receive ILF Scotland funding, a Health and Social Care Partnership in Scotland (HSCP) or a Social Care Trust (HSCT) in Northern Ireland must be providing services or funding to a value at least equal to a Threshold Sum.

There are five different Threshold Sums:

• £200 per week – applications made to ILF UK Prior to April 2008
• £320 per week – applications or increased requests made to ILF UK between 1 April 2008 and 30 April 2010
• £340 per week – applications or increased requests made to ILF UK or ILF Scotland between 1 May 2010 and 31 March 2024
• £800 per week – applications in Scotland only, made to ILF Scotland after 1 April 2024. The SDS budget can be notionally enhanced by an element of unpaid care (see 2.3 below)

These Sums will apply on an ongoing basis and will not reduce.

• Variable – applies to applications in Scotland only, made to ILF Scotland after 3 August 2026, where the Recipient is in the Red Category on the Coming Home Dynamic Support Register (DSR). A relevant Threshold Sum will be agreed between ILF Scotland and the HSCP on an individual basis at the time of the first award.

2.2 Threshold Calculation

The HSPC / HSCT must meet a minimum of the relevant Threshold Sum per week averaged over the year.

The average weekly cost of the HSPC / HSCT package, less any weekly charges applied by the HSCP / HSCT, will determine whether the relevant Threshold Sum is being met.

If the HSPC / HSCT increases charges, the relevant Threshold Sum reduces by the corresponding amount. The relevant Threshold Sum must still be maintained to continue to meet the Eligibility Criteria for an ILF Award.

An HSPC / HSCT can award funding above the relevant Threshold Sum and such funding is not restricted to the purposes set out in Policy 41 - Use of ILF Scotland Funding.

To form part of the relevant Threshold Sum, the HSPC / HSCT must provide services directly to the Recipient. In some circumstances, these services may also provide a degree of respite to a Recipient’s unpaid carer.

ILF Scotland does not normally provide funding that has previously been the responsibility of the HSCP / HSCT.

2.3 Threshold Sum – Unpaid Care

This refers to applications submitted after 27 January 2025.

The local authority SDS budget of less than £800 but more than £485 weekly may be enhanced by including a notional ‘carer component’ to effectively top up the budget to reach the threshold sum of £800, up to a maximum of £315 per week, in recognition of significant, resident, unpaid care.

Local authority Social Work departments must confirm on an application for ILF that the resident unpaid carer provides significant support and would be eligible for an Adult Carer Support Plan (whether or not one is in place).

Where unpaid care is lost to an ILF funded arrangement, the ILF award will be maintained on a temporary basis, as agreed by ILF Scotland, to allow the local authority to conduct a review of the person’s needs and where that results in a net SDS budget of at least £800, the ILF award will continue.

3. Procedure

3.1 Increases in Support Need or Cost

Increases to awards are available only in line with Policy 18 - Increases in ILF Scotland Awards and Policy 36 - Short Term Support.

3.2 Decreases in Care Need or Cost

To remain eligible for ILF Scotland funding, Recipients must spend their HSCP / HSCT funding to at least the amount of the relevant Threshold Sum as outlined in Policy 41 - Use of ILF Scotland Funding.

Where an HSCP / HSCT reduces its input to a support package, ILF Scotland will not usually replace this and will not consider any increase in award until the HSCP / HSCT restores its input to previous levels.

If a HSCP / HSCT reduces its funding below the relevant Threshold sum, the Recipient will no longer be eligible for ILF Scotland funding.

For Coming Home Recipients where the HSCP contribution reduces, ILF Scotland may agree on a case-by-case basis and at the discretion of its Senior Leadership Team that an ILF award can continue.

In circumstances where a Recipient’s care / support arrangements alter significantly, ILF Scotland will consider the changes to the HSCP / HSCT and ILF Scotland provisions on an individual basis. Any increase to the current offer is subject to the terms outlined in Policy 18 - Increases in ILF Scotland Awards.

3.3 Moving between HSCP / HSCTs

Where a Recipient moves from one HSCP / HSCT to another, the Recipient will remain eligible for ILF providing the new HSPC / HSCT maintains the existing relevant Threshold Sum. If the new HSCP / HSCT reassesses the support and reduces the value of its input, the funding must remain at least equal to the relevant Threshold Sum. In this circumstance and providing the reduction takes place at the first local authority social care needs assessment following the move, ILF Scotland can consider increases in support needs without requiring the HSCP / HSCT to reinstate the previous level of support.

3.4 Funding from Two Statutory Bodies

Very occasionally funding is provided by two HSCPs / HSCTs. The funding from both may be aggregated to meet the relevant Threshold Sum. Such cases are very unusual and may need to be referred to ILF Scotland’s Senior Leadership Team.

3.5 Child to Adult Budget

Where a Recipient moves from children’s services to adult services, ILF Scotland will not expect the HSCP / HSCT to maintain its input at the previous level, providing the adult services department makes the change at the first support needs assessment following the move. The HSCP / HSCT must meet the relevant Threshold sum.

3.6 Compulsory Treatment Order (CTO)

Should a fund Recipient be subject to a CTO under the Mental Health (Care and Treatment) (Scotland) Act 2003, the relevant Threshold Sum must be maintained for the ILF award to remain in payment. However, costs associated with the implementation of the CTO care plan can be treated by ILF Scotland, at its sole discretion, for Threshold Sum purposes. An ILF Scotland award can remain in payment in these circumstances if ILF Scotland is satisfied that this will be to the benefit of the Recipient and is supported by the Recipient’s MHO.

3.7 Changes in Financial Circumstances

If a Recipient experiences financial hardship, ILF Scotland can review any Available Income contribution and waive this in part or in full without additional HSCP / HSCT input. Please refer to Policy 4 - Recipient Contribution for more information.

4. Group 1 Policy  

There is no formal requirement for the HSCP / HSCT to fund support for Group 1 Recipients, but where the HSCP / HSCT does provide funds and reduces its provision, ILF Scotland will accept this. ILF Scotland expects the HSCP / HSCT to resume at the original level before it would consider any increase in line with Policy 18 - Increases in ILF Scotland Awards, unless the HSCP / HSCT gives a suitable explanation for the reduction.

5. Cross References

Policy 4 - Recipient Contribution
Policy 18 – Increases in ILF Scotland Awards 
Policy 36 – Short Term Support
Policy 41 – Use of ILF Scotland Funding

6. Version History

Version 1: 1 July 2015
Version 2: 7 October 2015
Version 3: 30 March 2019
Version 4: 31 March 2023
Version 5: 31 March 2024
Version 6: 27 January 2025
Version 7: 31 March 2026
Version 8: 3 August 2026

Version: 5
Last Amended: 3 August 2026
Next Review: 31 March 2027

1. Background

Eligibility for ILF Scotland funding is underpinned by the right to independent living. ILF Scotland must be satisfied that Recipients are supported to live in environments where their rights to choice, control, dignity, and participation are upheld, in line with Scottish Government and COSLA’s commitment to the principles of independent living as determined by the Scottish Independent Living Coalition. This commitment to the right to independent living is in line with the purpose of ILF Scotland as set out in our Framework Agreement:

“…ILF Scotland will support…equality and human rights for disabled people, with particular focus on realising the right to live independently and be included in the community set out in Article 19 of the UN Convention on the Rights of Persons with Disabilities.”

For the purposes of this policy, independent living is defined as follows:

“Disabled people have the same rights to freedom, choice, dignity and control as other people at home, at work and in the community. It does not mean living alone or without support. Rather, it means having the right to access practical assistance and support to participate fully in society and to live an ordinary life.”

(Independent Living in Scotland Project, 2008)

In supporting independent living, ILF Scotland recognises the GIRFE approach, which promotes personalised, coordinated and outcomes-focused support based on conversations about what matters to the person.

2. Policy

The requirement to live independently applies to all ILF Recipients whether they live in self-contained or shared accommodation and irrespective of whether they share part of their support.

For Coming Home Recipients, ILF Scotland may meet transitional costs to achieve independent living where that is not currently the case. This is where there is a clear and comprehensive plan in place to support the Recipient to move to an independent living environment. Some of these arrangements will require to be agreed by the Senior Leadership Team.

3. Choice and Control

ILF Scotland can only make payments where the Recipient has choice over where they live and control over what happens in their own home. To help establish whether a person is living independently, the ILF Scotland fund Recipient should have choice and control over:

• who can come into their home and when
• when to come and go from their own home
• who they live with or share their home with
• who provides their support
• how they spend their time
• taking part in their community

4. Care and Support

ILF Scotland requires a full breakdown, including costs, of the care and support arrangements or an individual support plan for each ILF Scotland Recipient. To remain eligible for ILF Scotland funding, Health and Social Care Partnership (HSCPs) / Health and Social Care Trusts (HSCTs) must meet the relevant Threshold Sum (see Policy 24 - Statutory Input to ILF Scotland Funding) and ILF Scotland should be satisfied that all Recipients receive a significant element of one-to-one support as part of their overall care and support package.

5. Shared Care and Support

The principles of independent living still apply where there are two or more people sharing accommodation and sharing elements of care and support.

ILF Scotland needs to see more than a total budget for a group of people sharing care and support. It must be clear what support each individual needs, the level of support required, the cost of this support, how many people are providing the support, which elements of support are shared with another person, and how many people are sharing that support.

If necessary, ILF Scotland will request a breakdown of the care and support provision and costs for other tenants (if they are not ILF Scotland Recipients, they do not need to be identified by name) to understand how the care and support arrangements interlink.

Recipients sharing an element of support should have the same choice over their care provider as any other Recipient. Any ILF Scotland funded support should only be for the individual Recipient, in line with the agreed care plan. The Recipient should notify ILF Scotland immediately of any changes.

6. Tenancy / Security of Accommodation

ILF Scotland requires that Recipients have security in their accommodation, with choice and control over their support without placing their home at risk. This security will most commonly be through a tenancy agreement, but may also arise through, for example, home ownership or shared ownership.

ILF Scotland will only provide funding where the Recipient's accommodation and support arrangements are separate enough to allow them to have choice and control over the support they receive.

Where a Recipient's landlord or accommodation provider and their care and support provider are the same, or are closely linked, ILF Scotland must be satisfied that the Recipient's right to remain in their home is not dependent upon continuing to receive support from a particular provider.

ILF Scotland recognises that local authorities and HSCPs may commission services through a variety of agreements and contractual arrangements. However, ILF Scotland must be satisfied that such arrangements do not undermine the Recipient's right to independent living, including their ability to choose, change or direct their support without jeopardising their tenancy or overall security of accommodation.

ILF Scotland will therefore not normally fund arrangements where:

• the tenancy, occupancy agreement or housing arrangement is conditional upon the Recipient accepting support from a specific care provider
• a breakdown in the relationship with the care provider could place the Recipient's accommodation at risk
• the Recipient would be required to leave their home if they wished to change support provider
• the Recipient is prevented, restricted or discouraged from choosing an alternative provider or employing Personal Assistants or where
• housing and support are so interdependent that the Recipient cannot realistically exercise choice and control over how their support is arranged

Where there is a link between the accommodation provider and support provider, ILF Scotland requires written assurance that the Recipient's security of accommodation will be maintained regardless of their choice of support arrangements.

7. Care Establishments

ILF Scotland funds cannot be used to purchase residential care.

Individuals on the Red category of the Dynamic Support Register moving temporarily to a residential care home may be eligible for funding that meets costs, other than the residential placement costs, to support transition. Such funding will always require recommendation by an ILF Assessor and approval by the Senior Leadership Team and cannot be used for core residential care costs. ILF Scotland resources are additional to statutory funding, therefore, in funding transitional costs in this manner, ILF Scotland will not assume such costs that are normally the duty of another public body, for example, the HSCP. ILF Scotland will review the use of any transitional support funding after six months and annually thereafter.

Circumstances can arise where the Recipient is not living in a registered care establishment but the arrangements in place suggest that the Recipient is not living truly independently. An ILF Scotland Assessor will consider the specific circumstances of each Recipient in line with the indicators set out in Section 3 above, to make a professional judgement on compatibility with independent living and therefore entitlement to ILF Scotland funding.

For Coming Home Recipients moving from hospital or inappropriate out of area placements, ILF Scotland Assessors will refer to the UNCRDP guidelines on deinstitutionalisation.

8. Should the Accommodation be Registered as a Care Establishment?

This is a decision for the Care Inspectorate (Scotland) or the Regulation and Quality Improvement Authority (Northern Ireland), and ILF Scotland would normally accept their decision. However, if an ILF Scotland Assessor has reason to believe that an establishment should be registered, they will raise this with the HSCP / HSCT. They will refer serious concerns to the ILF Scotland Senior Leadership Team and potentially to the appropriate regulator.

9. Adult Placement

Adult Placement is separate from residential care home registration and exists to enable disabled people to live within the community in a family environment. It is important that all ILF Scotland funding supports independent living with choice and control. In general, we expect that Adult Placements will provide a satisfactory degree of choice and control. ILF Scotland will normally accept the judgement of the HSCP / HSCT as to the suitability of the Adult Placement. It will need to be satisfied though that the placement follows ILF Scotland independent living policy principles and that the Recipient has adequate choice and control over their arrangements. Where there are concerns about the suitability of an arrangement, ILF Scotland will raise this with the HSCP / HSCT.

We recognise that it may not be straightforward for a disabled person in an Adult Placement to choose to employ his or her own Personal Assistant, but their specific arrangement should not exclude this. ILF Scotland will seek assurance that the Recipient has choice and control over all other aspects of their life in line with the indicators set out in Section 3 above.

10. Version History

Version 1: 1 July 2015
Version 2: 31 March 2023
Version 3: 31 March 2024
Version 4: 31 March 2026
Version 5: 3 August 2026