Policy 15 - Engaging Care Outside Scotland and Northern Ireland

Owner:  ILF Scotland
Subject: Engaging Care Abroad outside Scotland & Northern Ireland  
Version: 4.0
Last Amended: 17 January 2023
Next Review: 31 March 2024

1.0 Background 

ILF Scotland recipients can choose to engage support from a Personal Assistant (PA) or Care Agency during temporary stays outside Scotland and Northern Ireland (NI).

2.0 Policy 

There is no restriction upon an ILF Scotland recipient engaging a PA directly or through a care agency whilst in another part of the UK or overseas. They must continue to meet all ILF Scotland eligibility criteria and be able to cover the costs of the care / support costs from the existing ILF Scotland award.  Recipients must be able to provide documentation to evidence the care / support provided and the payment of this.

ILF Scotland is not required to collect PA National Insurance numbers as a condition of funding. Recipients should be able to provide the names of any PAs and the name and contact details of any care agency they use.   

ILF Scotland does not distinguish between European and non-European countries in this arrangement. 

Different regulatory authorities cover care agencies in Scotland, Northern Ireland, England and Wales; and each country overseas will have different arrangements for overseeing care provision. It is the recipient’s responsibility to make sure that any agency they engage is registered appropriately.  

Should a recipient wish to employ a PA directly, ILF Scotland would advise them to take out Employers Liability Insurance. ILF Scotland covers the cost of Employer Liability Insurance within Scotland and Northern Ireland (please refer to ILF Scotland Employer Support Information Sheet) and will consider paying the cost of this in relation to care / support provided in other countries. It would be advisable to take local legal advice. ILF Scotland cannot cover the cost of this.   

3.0 Procedure

Where an ILF Scotland recipient wishes to engage a PA or a care agency during a temporary stay outside Scotland or Northern Ireland, they must: 

• Continue to be in receipt of the higher rate care component of Disability Living Allowance (DLA) / Personal Independent Payment (PIP) / Adult Disability Payment (ADP), or equivalent. 
• For ‘Group 2’ recipients, be in receipt of at least the Health & Social Care Partnership / Trust ‘Threshold Sum’ (please see Policy 24 Statutory Input to ILF Scotland Funding) per week.
• Continue to meet any financial and other eligibility criteria.
• Continue to satisfy residence and presence tests.
• Be able to provide details of the care / support provider and evidence of the service provided and paid for.  

4.0 Cross References 

• Employer Support Information Sheet
• Policy 24 Statutory Input to ILF Scotland Funding

5.0 History Date Reviewed 

Last Amended: 1 July 2015
Date Reviewed: 1 June 2016
4 March 2021
17 January 2023
Next review: 31 March 2023