Direct Payment surplus

In 2011 my daughter started receiving direct payment from council to support assistants. A small number of hours per week was specifically allocated for respite and holidays.
several years on that money has accumulated now the council want it back but my view is the respite was never taken therefore that’s what it is for. Who’ s right?

Hi Neil.

An old thread … consensus is the LA can reclaim surplus :

Also , same question posed on the MoneySaving Expert forum :

Direct Payments Surplus — MoneySavingExpert Forum

( Both contain forum members views … NOT a definite answer from an expert ! )

For a definitive answer , either the CAB or the CUK Avice team ( best by email ) … contact details follow :

Citizens Advice


Hi Neil,
is this the first time the council have audited the DPs since allocating them?!

I understand your reasoning, but suspect your LA will have a policy on what happens on with unspent money - it is usual to have to pay it back. Do a google search or ask your LA for a copy of their policy on this to be sure. If they don’t have one, then you have grounds to challenge them over it.


bump Chris!