Version: 4
Last Amended: 19 November 2024
Next Review: 31 March 2025

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 funds 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 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 recipients will use their ILF Scotland funding differently to help them to achieve the independent living outcomes that are important to them. This policy discusses different types of support that ILF Scotland funding can 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.

ILF Scotland funds are not designed to meet statutory needs as assessed by HSCPs / HSCTs. For Group 2 recipients to maintain eligibility for ILF Scotland funding, HSCPs and HSCTs must provide a minimum amount of funding. We call this the Threshold Sum.

ILF Scotland expects that the Partnership or Trust 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.

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. This may be different for each recipient and there can be a variety of different ways to use the funding. ILF Scotland funding can help recipients to:

• 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, friends and wider networks

Most people use ILF 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 41 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.

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 41 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 Management 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 Management 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. History Review

1 July 2015
14 January 2021
31 March 2024
31 October 2024

---

[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: 7
Last Amended: 31 March 2024
Next Review: 31 March 2025

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

1 October 2018
1 October 2019
1 June 2021
30 June 2022
1 April 2024

Version: 4
Last Amended: 1 July 2024
Next Review Date: 31 March 2026

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).

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 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 for example a non ILF Transition Fund grant purpose
• 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

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.

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.

Review History

Version 1: 14 December 2017
Version 2: 31 March 2021
Version 3: 14 March 2024
Version 4: 1 July 2024

Version: 4
Last Amended: 1 July 2024
Next Review Date: 31 March 2026

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.

Review History

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

Version: 2
Last Amended: 31 March 2023
Next Review: 31 March 2024

1.0 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.

2.0 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.”

3.0 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

4.0 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
  e.g. 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. Review History

First published: 1 July 2015
Reviewed: 30 March 2019
Last Reviewed: 31 March 2023

Version: 3.2
Last Amended: 27 January 2025
Next Review: 31 March 2026

1. Background

This policy is relevant for Group 2 ILF Scotland recipients and is not intended for Group 1 recipients.

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 relevant “Threshold Sum”.

There are four 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

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

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 HSPC / 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 some degree of respite to a recipient’s unpaid carer.

ILF Scotland does not normally provide funding that has previously been the responsibility of the HSPC / 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 a significant, resident, unpaid care.

Local authority social work departments must confirm on applications 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. Where that results in a net SDS budget of at least £800, the ILF award will continue.

3. Procedure

3.1 Increases in Care Need or Cost

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

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.

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 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 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 management 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 care department makes the change at the first care needs assessment following the move. The HSCP / HSCT must meet the relevant Threshold Sum.

3.6 Compulsory Treatment Order (CTO)

On the rare occasion that a fund recipient is 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 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. History Review

1 July 2015
7 October 2015
30 March 2019
31 March 2023
31 March 2024

6. Cross References

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

Version:                         3
Last Amended:             31 March 2024
Next Review:                31 March 2025

1. Background

To be eligible for funding, ILF Scotland must be satisfied that recipients reside in an environment where they have a suitable degree of choice and control over their support, consistent with independent living.

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. 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.

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 with sufficient choice and control, 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 individual support plan for each ILF Scotland recipient. To remain eligible for ILF Scotland funding, HSCPs / HSCT 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 package.

5. Shared Care

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, how much this costs, 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 / Licence

Recipients must have a legal right to live in their own home confirmed by having their own tenancy agreement (where appropriate). Where a recipient’s landlord and care provider are the same person or organisation, or are closely linked, ILF Scotland will require a statement in writing from the landlord to confirm that the tenant is not obliged to receive support from that person or organisation.

7. Care Establishments

No one living in a registered care establishment is eligible for ILF Scotland funding. 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. ILF Scotland will consider the specific circumstances of each recipient in line with the indicators set out in section 3 above.

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 management 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 that 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. History Review

01 July 2015
31 March 2023
31 March 2024

Version: 3
Last Amended: 31 March 2023
Next Review Date: 31 March 2024

1.    Background

The current priority for ILF Scotland is to maintain the existing levels of support it provides to recipients. In some circumstances, however, we may be able to increase our funding to ensure support can continue effectively. This policy details the circumstances where ILF Scotland can consider an increase in an award to ensure support arrangements remain stable.

In almost all circumstances, ILF Scotland can only consider increasing funding where there is scope to do so within the relevant ‘maximum sum’, with the exception of those increases set out in Policy 20 ILF Scotland Payments.

At all times the priority of ILF Scotland is to sustain and enhance the independent living of our fund recipients.

2. Inflationary Increases in the Cost of Care and Support

ILF Scotland does not award routine inflationary increases and does not normally consider any increase to an award or bring forward any scheduled review to seek an increase to an award, unless there is a significant change in circumstanced as detailed in paragraph 6 below.

ILF Scotland aims to carry out funding reviews approximately every two years to make sure that the support it provides continues to sustain the recipient’s independent living outcomes. The normal assumption is that the current funding offer is sustainable by the recipient/award manager between these scheduled two yearly reviews.

3. Direct Payment Rates

Where ILF Scotland payments previously matched the Direct Payment, we can increase funding to match an increased direct payment rate. If this is not the case, an ILF Scotland Assessor can recommend that payments match this rate providing they can explain why this is necessary. If the direct payment rate is no longer appropriate, ILF Scotland will calculate employment related on-costs separately based on the actual hourly rate paid.

4. Change of Care Provider

ILF Scotland may consider funding an increase in costs due to the need to change a care provider because of circumstances beyond the recipient’s control. ILF Scotland can consider such an increase outside the normal review period and will decide if a visit from an Assessor is necessary. This will not apply where a recipient decides to change to a more expensive provider without proper justification.

5. Additional Support

ILF Scotland does not normally consider funding the cost of additional support. However, an ILF Scotland Assessor may recommend an increase, following a visit, where there is a significant change of circumstances and the existing package of support is no longer suitable for the recipient’s needs, as set out in paragraph 6, below.

For Group 2 recipients, the Health & Social Care Partnership (HSCP) in Scotland or the Health and Social Care Trust (HSCT) in Northern Ireland must at least meet the relevant threshold sum, as determined by ILF Scotland, before we can consider funding additional funding support. ILF Scotland will not pay for support previously funded by the HSCP / HSCT.

6.  Circumstances Where an Increased Award Can Be Considered

ILF Scotland can consider increases in the level of award in the following circumstances:

• Where the recipient’s Personal Assistant will leave due to low pay
• Where costs are critically below the market rate, for example, below the local direct payment rate
• Where a recipient requires to change care provider but is unable to do so within the current award
• Other exceptional circumstances as recommended by an ILF Scotland Assessor to ILF Scotland’s Senior Management Team

In addition, ILF Scotland may consider arranging an out of cycle Review visit on an exceptional basis to consider the need for additional support and an increased award in the following circumstances:

• Starting or ending a course in further education
• Moving out of a family home
• Actual or imminent loss of unpaid support
• Separation or divorce
• Moving home, including change of HSCP/Trust
• Transition from child to adult services
• Deterioration in the recipient’s condition risking loss of independent living
• Other exceptional circumstances as recommended by an ILF Scotland Assessor to ILF Scotland’s Senior Management Team

ILF Scotland will only approve an increase for a recipient with jointly funded ILF / HSCP / HSCT support if it is satisfied that the level of statutory input is appropriate and balanced. Group 1 excepted, ILF Scotland should not be the primary funder of care and support, and our funding should always provide for additional independent living outcomes over and above the statutory responsibilities of the HSCP/Trust to meet assessed eligible need.

We will not usually support increases where:

• A recipient has already had an inflationary increase for the cost of support in the last 12 months
• The cost of support is already above the market rate for the type of support provided
• The recipient can use existing funding more flexibly to meet a recipient’s current support needs

7.0 Increases in Statutory or Essential Employment Costs

ILF Scotland is committed to supporting recipients who directly employ their own Personal Assistants to be responsible employers (see Employer Support Information Note). ILF Scotland can consider requests relating to the following statutory or essential employment costs without the requirement of an Assessor visit:

• Increases to the Scottish Living Wage in Scotland
• Increases to the National Minimum Wage in Northern Ireland
• National Insurance Contributions (NIC) and Pay As You Earn (PAYE) tax
• Workplace Pensions
• Holiday Pay and Replacement Support
• Payroll costs
• Statutory Sick Pay
• Contributions towards Redundancy and Related Costs
• Legal Costs
• Employer's Liability Insurance
• Protecting Vulnerable Groups checks
• Health and Safety Training
• Task Training
• Advertising Costs

8.0   Holiday Awards

ILF Scotland will honour requests for Holiday Awards in situations where we previously made an offer towards funding this, regardless of whether it is a holiday for the recipient or respite for the carer. Where we previously paid a Holiday Awards as a lump sum, we will continue to pay this providing it is part of an ongoing package of support.

ILF Scotland can consider a request for an increase in the cost of holiday support if they relate to statutory increases or a significant change of circumstances.

9. Review History

Policy 4 Available Income
Policy 20 ILF Scotland Payments
Policy 24 Statutory Support
Employer Support Information Note

10. Cross References

Version 1: 1 July 2015
Version 2: 22 March 2021
Date Last Reviewed: 31 March 2023

Version: 3
Last Amended: 31 March 2023
Next Review Date: 31 March 2024

1. Background

Some ILF Scotland recipients are unable to hold a bank account or do not wish to manage their ILF funding and so might choose to have a family member or representative assist them with this.

Others may prefer to have a professional organisation manage their ILF Scotland Funding. You can see a list of some organisations that offer this support here.

ILF Scotland recipients who employ their Personal Assistants might wish to access Payroll Services. You can see a list of some organisations that offer this support here.

2.0  Policy

2.1 Financial Management Services

ILF Scotland can pay towards the cost of financial management services.

The service will include operating a bank account on the recipient’s behalf / receiving ILF Scotland money into a general/shared account and managing it on the recipient’s behalf, along with paying any care/support invoices.

ILF Scotland can agree to recipients using a private individual to administer their payroll provided it is satisfied about the level of support and that this is in the best interest of the recipient. ILF Scotland will not pay for a relative who lives in the same household to provide financial management support.

2.2  Payroll Services

ILF Scotland can pay towards the cost of payroll services where a recipient directly employs their Personal Assistant(s). The services will involve administering payroll on behalf of the recipient as employer including complying with the Scottish Living Wage / National Minimum Wage, National Insurance Contributions, Pay As You Earn tax, Workplace Pensions, Holiday Pay, Statutory Sick Pay, etc.

Please see our Employer Support Information Note for more details.

3.0  Payment of fees for Financial Management / Payroll Services

The maximum amounts that ILF Scotland will normally pay are:

• Financial Management: £6.25 per week.
• Payroll Services: £12 per week.

ILF Scotland’s management team will consider any requests for fees above these amounts.

ILF Scotland will normally only agree to additional payments to cover these services if they do not take the recipient’s award above the relevant ‘maximum sum’. Please see Policy 20 for more information about the ‘maximum sum’.

In exceptional circumstances, ILF Scotland can consider making a discretionary decision to allow a payment to exceed the maximum sum if there is no other available option.

ILF Scotland prefers to pay its funding directly into the bank account of the ILF Scotland recipient or Award Manager. However, where we agree to pay for financial management services, we can include an amount in the award to pay for any fee the organisation charges for this service.

4.0 Assessing the Need for Financial Management / Payroll Services

As part of an ILF Scotland scheduled review visit, assessors will confirm whether a recipient requires a financial management service / payroll service or continues to require either or both of these services.

Recipients can contact ILF Scotland between review visits to request a financial management or payroll service by contacting one of our specialist caseworkers on 0300 200 2022 or by emailing us at enquiries@ILF.scot. One of our Assessors will then be in touch to discuss requirements.

5.0 Review History

Version 1: 1 July 2015

Version 2: 31 March 2021

Date Last Reviewed: 31 March 2023

6.0 Cross Reference

• Policy 20 ILF Payments
• Employer Support Information Note