Hello,
Does anyone know if these are usually capped by local authorities?
We currently pay 15% of our allocated budget on client contributions.
Can this be challenged by the care commission or ombudsman through the complaints procedure as overcharging?
The disabled person doesn’t have any income/savings only benefits? However they seem to calculate benefits as income how does that stand legally?
Thanks.
If you are seeking information on how LAs " Means test " … under both Needs and Carers Assessments …
the following link to the MoneyAdvice web site sets out the background :
https://www.moneyadviceservice.org.uk/en/articles/how-a-local-authority-care-needs-assessment-works
Post code lottery ?
I suspect differing results from differing LAs … some are under less financial pressure than others.
BEFORE the client IS charged anything at all, there should be a formal financial assessment looking at income and outgoings. At the time of the assessment the client should be given a written copy of the assessment and all the calculations which led to the calculation of the client contribution.
Did this happen? If not, ask for a written copy.
For a couple, it can be done either jointly or individually, it’s the client’s choice. Was this explained?
No, this was not explained at when we first were offered self directed support back in 2014.
We did however get a booklet detailing social care charging policy with taper charges? it was from the council.
A booklet is hardly a copy of the contract made between the provider and the recipient ?
Said agreement should spell out the precise terms and conditions on which services were made available.
After all , how would the recipient know that the provider was honouring said agreement ?
In turn , how would the provider know that the terms were being observed by the recipient ?
Cuts both ways.
Definitely contact the council for details then. In Hamshire, there is a Social Services Unit dealing with “Financial Assessments”.
Councils are legally obliged to do annual reviews of care assessments, and a review of finances should be part of that.
Even though they are supposed to many councils haven’t been doing the annual reviews and there are many cases going to the ombudsmen where suddenly someone finds they are expected to repay several years, or are in receipt of back payments.
Make sure you keep receipts (forever) of any Disability Related expenses as a lot of councils won’t count such expenditure if it isn’t backedy up with receipts
If wife hast been having annual reviews, you can put in a formal complaint
Kr
MrsA
I didn’t know they were legally obliged to do annual reviews?
Is that only for certain options they give you 4 options on how to fund you.
There was no client contribution in year 1 however in year 2-4 there have been charges 15% of the total budget.
I’ve requested a SAR from the council. I wasn’t given the option or explained my brother could become a company and employ PA workers for personal care and outdoor activities.
Should the LA/council contact you for a review/reassessment is it the same thing?
Reviews are legal in the Care Act 2014 section 27
Financial reviews are in Guidanve to the above Act, section 8.16
https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#charging-and-financial-assessment
Should happen either
annually (can be light touch’ e.g. by phone “everything ok? No changes?”)
Òr when something changes
Or when recipient request one
Your wife should have a copy of her care plan and of the finance decisions too.
So call SS, request a review and make sure you get copies of whatever results
(Note, even though it is unlawful to do a review just to reduce package, they are often used for this purpose)
If you want any background to what’s actually going on at street level , there are a couple of very relevant threads
in the NEWS section.
Clear indications of a post code lottery … and between rich and poor manors.
For what it’s worth , low millions have been victims of the slash and burn policy.
Just yell !