SABP's Work and Day Services ~ Payment Project Plan 1

Work and Day Services ~ Payment Project Plan 1


Operations Directorate’s Work and Day Services: Payments Project Plan

1. Introduction
1.1. This paper sets out the planned approach to be adopted to ensure the Trust moves towards compliance with Benefits Regulations, Minimum Wage Act and Employment Law for all people using work and day services.

1.2. People who use the work and day services range from vulnerable to very vulnerable therefore the Trust has real obligation to treat people honestly and
properly.

1.3. People who use the service are not permitted by the European Law to suffer loss of their rights by virtue of their disability.

1.4. Once the individuals are paid anything, then “work” would be undertaken for
the purposes of the national minimum wage directive. Therapeutic work is not excluded from this framework directive.

1.5. Therefore it is hard to draw the line to distinguish at which point therapy would become work in the Trust’s work and day services.

1.6. The legal assessment of the work services indicated that unquestionably some people should be paid national minimum wage

1.7. At present no person attending the work or day services receive payment from
the Trust specifically for their services, nor does any person have a contract,
(implied, verbal or written) to provide such a service.

1.8. Therefore a comprehensive plan is needed which seeks to attain compliance whilst working to establish a proper agreement with people and / or their
representatives about any actual work done and any provision for disputes and
way of resolution.

2. Services Affected, People and Externalisation Dates


Number of people affected by the Trust decision Working Age Adults (WAA)
/People with learning disabilities (PLD)

Work Service Status Externalisation Date

Arts and Craft Matters Horley 40 WAA WAA April 2007

Assembly Matters, Horley 50 WAA/PLD Review WAA PLD Review April 2008

Netherne Printing Services 20 WAA / PLD WAA/PLD November 2006

Old Moat Garden Centre 34 WAA / PLD WAA/PLD April 2007

Queens Garden Centre 15 WAA April 2007

Gallwey, St Ebba’s 18 PLD No Plans

Geesemere, Ottershaw 36 PLD No Plans


Total number of people 213

* Number of people at time of posting letters


2.2. It is intended to prioritise the project plan to synchronise with the
externalisation dates.

2.3. People using the services already externalised before discontinuation of
payments have not been contacted

3. Apology and Reinstatement of Payments

3.1. All people who continue to use the services have received an individual letter of
apology and accessible information sheet explaining the decision to re-instate
payments.

3.2. All payments have recommenced using the previous payment formula.

4. Payment for Period of Stoppage

4.1. Services are currently collating details of the pay arrears people are entitled to
due to the stoppage of payments earlier this year.

4.2. Individualised solutions on how this money will be paid back will need to be
taken to ensure compliance with benefit allowances.

4.3. For some people it may take up to 52 weeks to repay all monies and stay
compliant with the benefits earnings limits.

4.4. It is recommended that people who did not attend, but have since returned,
should not be paid arrears.

5. Moving Towards Compliance Benefit Regulations

5.1. We need to protect the continued risk to benefit entitlement of people who use
the service by firstly gathering information on all people’s earnings, hours,
benefits and housing situation

5.2. It may be necessary to reduce hours of “work” to 16 per week (see section
5.12)

5.3. It will be necessary to establish “earning” limits for permitted work for each
person.

5.4. It is recommended that at this stage we do not contact Job Centre Plus until
our plan is agreed for each service and consent is attained from individuals.

5.5. People who use the services should be supported to understand their
responsibilities relating to benefits and earnings.

5.6. Services need to check with each individual any “work” in all places to establish
the total number of paid hours per week; total pay and additional expenses the
individual receives.

Existing Activity

5.7. The Trust needs to agree a process for assessing each service individually to
establish the nature of the activity being provided.

5.8. The “Tuck and Truck” model designed by MCCH should be used as a guide.

5.9. People who use the service and their representatives should be involved in
agreeing the criteria for this assessment.

5.10. Expert advice should be purchased to assist with this review.

5.11. A re-examination of the current payment structure should also be included in
this review.

5.12. The Trust will publish the findings of the review of activity for each service.

Review of Income Streams

5.13. Each service should produce a schedule of income, its source and the amount
paid per unit / product.

5.14. This should be reviewed against current market prices to ensure a fair price is
being received for the job.

5.15. Where the work unit is receiving less then the going open market rate for the
job then this should be negotiated.
6. Establishing and Implementing Plan (See Appendix One)

6.1. Set up guidelines:
6.1.1. For people working as volunteers including policies on subsistence
payments and notifying Job Centre Plus.

6.1.2. On Permitted Work rules and required procedures.

6.1.3. On payment of the Minimum Wage and employment law.

6.2. Work and Day Service should look at options for offering paid work at Minimum
Wage alongside voluntary work.

6.3. Timely negotiations with people who use services and carers will be required on
the new pay, and terms and conditions of employment (where this is to be
confirmed).

6.4. This will include the new pay and hours of work and the set up of appropriate
contracts of employment where it has been assessed that people have an
implied contract. Obtaining their agreement and signed terms and conditions.

6.5. Liaison with Job Centre Plus will then be necessary to ensure that there are no
misunderstandings over the terms and conditions, rates of pay and the
averaging rules.

6.6. Monitoring and support systems should be established and the provision of ongoing
support to individuals as needed should be made available during the
transition phase.

Jo Young

Director (PLD). 06 Nov, 06

Compiled with the assistance of Declan Flynn, General Manager. Working Age Adults and information
and references supplied by Charlotte Langridge, Surrey County Council.
Useful Reading

Lockett, H. and Scott, J. (2003) Work-Schemes and Compliance with the National
Minimum Wage: Moving from Project Worker to Employee (in press) Living Well
Brighton: Pavilion

Department for Trade and Industry (2003) The Minimum Wage and Therapeutic
Work London: TSO

Disability Rights Commission (2003) Submission to Green Paper, Pathways to Work:
Helping people into employment.

Department of Health (2001) The White Paper `Valuing People: A New Strategy for
Learning Disability for the 21st Century' Surrey County Council Employment Strategy, 2003


Appendix One
Payments Project Plan

Surrey and Border Partnership Trust Services

Background

Further to the cessation of therapeutic payments earlier this year, a paper was
presented to the Trust Board on 28th September stating that the Trust has not
treated people well in this decision and made the following recommendations which
the Board has approved:-

• Re-instate therapeutic payments and pay back payments
• Write a letter of apology to every individual affected by the cessation of
Therapeutic Payments

• Directorates will then undertake full reviews which will differentiate
between 'work' 'therapy' 'training' 'voluntary' work and assess each
individual situation and write an action plan

• This work will be carried out with people using the services, their families
and carers and care workers

This Project Plan describes what, how, who and when these recommendations will
be implemented.

What needs to be done How Who by When

Inform and apologise to affected people of services (MH & LD) of decision to reinstate Therapeutic Payments

Letters from Chief Executive Fiona Edwards sent to all affected people of services

Jo Young Via respective Service Managers
/ SeniorProfessionals By Friday 13th October ‘06

Identify affected people who use services who will receive Therapeutic back payments
Service Managers to provide precise information of all affected people of services for
their respective service areas – indicating sessions attended, benefits they are receiving,
income threshold, etc

Information to be passed to Jo Young

Respective Service Managers / Senior Professionals By Friday 24th November ‘06
Provide national definitions for ‘work' 'therapy' 'training' 'voluntary'
Liaise with Solicitors and people who use the service and their representatives on agreed
Definitions Jo Young & Service Managers By Friday 24th November ‘06

What needs to be done How Who by When

Appoint external consultant to assessment activity with respective Service Managers
and people who use the service Send to respective Service Managers Jo Young By Friday 15th December ‘06

Commence back payment of therapeutic Payments to affected people of services
Via normal payment arrangements at respective service Service Managers From Tuesday
2nd January ’07

Undertake reviews which will differentiate between 'work' 'therapy' 'training' 'voluntary'
work and assess each individual situation and write an action plan
Consultant / Service Manager /

Senior Professional to undertake assessments with individuals and their carers using agreed
assessment tool
Firstly to differentiate between ‘work’ ‘therapy’ ‘training’ ‘voluntary’ work

Secondly to assess each individual situation (via review meetings) and write actions plan
to reflect their specific needs and situation (involve people of services / carers
Communicate assessment to affected people of services (and carers) & support accordingly)
External consultant / Service Managers / Senior Professionals/relevant other

From Tuesday 2nd January ’07 Complete Friday 23rd January ‘ 07 Agree contracts, terms and
Pay Negotiate appropriate documentation, controls and supports for all people whether
workers or volunteers

Jo Young / Human Resources By February 2007

Declan Flynn and Jo Young ~ 31st October 2006