My wife receives a budget for personal care excercise and social. She receives 42.5 hours at £24 per hour. She contracts an agency at £38 per hour which means she only can get a max of 27 hours per week. She is happy with the care received and she only contracts them for 22 hrs per week. The rest she uses for a gym membership as MS sufferers enjoy a hot pool and excercise. Also she will go to clubs to get out of the house using taxis tgat can take her wheel chair. We have now been informed by the council only personal care in the house can be charged to SDS. Also the agreed surplus for future spending has to be paid back. They have basically cut the outcomes to personal care only. Has anybody been affected by this and what are other councils doing. Your thoughts are well come.
That sounds unlawful to me. The local authority can (a) set the overall amount of the budget - that’s their decision. They can also (b) argue about the agreed outcomes. What, in my opinion, they may not do is specify exactly how the money is spent to achieve the outcomes. That decision, to the best of my knowledge, belongs wholly to the direct payment user (provided, of course, the money is spent to achieve the outcomes). We can go through the legislation and guidance together if you like.
Im going to a presentation from our health partners anout their change of policy. I got a heads up from my carers centre. They are going to introduce a charge for non residential care next year ie means test . However after hearing they were reviewing option 1 recipients the users were being advised that onle personal care in the home was chargeable. All underspends had to be paid back. Eastren council have a black hole in their finances abd basically using the disabled to fill it.
Is be interested in what they call an ‘underspend’. It’s a slippery concept. Is it different in every case? Or is there a formula? What is the lawful basis for demanding people return money? Can local authorities lawfully make a policy on this? How is it not fettering discretion?
Hi there unfortunately seems all local authorities are doing a major cut back I’m in same situation for my son I have a huge underspend every year due to no services available and they won’t allow many things they would benefit my son saying much the same as your situation! Outcomes are in many forms yet they are cutting so many things!
It really makes me angry having to return the funds back when my son has very little things in his life.
I feel for you. Eastren are a mess. Communication is non existent. My underspend has been caused due to care companies not turning up for weeks. I had ear marked a wet room and ramps but they have said hand it back. They are now reviewing all packages on a 4 criteria basis critical, substantial, moderate and low. They will not fund the last two. Its a cost cutting process which is frightning.
Have you tried asking for their lawful basis in demanding the funds be returned? If they don’t give one, you could consider not returning the funds. What would happen?
Ironically Direct Payments tend to be cheaper than the other options.
I’m sorry to hear this. We are in South Lanarkshire and my son’s last review cut his outcomes from ‘anything that supports independence’ to ‘hours only’. We are vastly out of pocket now as we could not let my son stop attending his clubs etc that we had spent years building up. I hope you get something sorted.
Hi thanks for that they would just go into the account and remove them!! I get no choice!! X
Ah! I wondered if that were the case. Do you have a managed account or a pre-paid card? Either way, did you ask for that, or did they just do it?
Again, either way, you can now request the whole balance to be transferred into an account set up by you, in your name, and controlled by you, if that’s what you prefer. I took legal action successfully on this exact point and I got the DP properly under my control, as it should be.
If you don’t want the money in an account you control, you can still challenge their decision to remove money without your permission. You might want to make it clear that you do not consent to the removal of funds from your account.
For anyone with a social care package / SDS funding of at least £800 per week* it’s worth asking your local authority about applying to the Independent Living Fund (ILF) in Scotland, which can fund a lot of things that do not fall under personal care. For example, ILF Scotland funding can help support and assist recipients to:
- overcome barriers to independent living that you face
- have choice, control and independence in your life
- develop or maintain your physical, mental, spiritual health and wellbeing
- help to keep you safe and to manage any risks inside and outside your home
- undertake work, learning, training, hobbies and interest
- see your family and friends and be involved in your community
Independent Living Fund | ILF Scotland
(*Or the applicant’s net weekly SDS budget is less than £800 but they have an unpaid carer living in the same home with them who provides a significant amount of unpaid care and who is eligible for a Carers Support Plan. This is aimed at applicants who, were it not for the amount of unpaid care received, would meet the £800 Threshold Sum.)