our son is 19 years and 6 months old and today we received a financial assessment from our LA we asked for a face to face meeting as we had no idea what this was about.
We thought it may relate to transport to his new educational placement he will start in September but apparently, it is not
we also thought the person who came was clutching at straws about what was being assessed, it seems that from Feb 18 ,18 months ago he is being asked to contribute to his own personal budget a direct payment from the LA from his PIP and ESA
we are so confused, my questions are
1, can a LA take money from his PIP and ESA to pay for his direct payment budget for his PA and days and nights out with his peer group.
2, Is it fair to ask for a back payment from Feb 2018 this seems grossly wrong ,why has this taken so long to be raised.
Thank You for any help or guidance
Hi Raymond … welcome to an extremely quiet forum as I type.
In answer to your questions :
- Any LA can ask for a contributuon towards costs … what does the written reply to the needs assessment have to say for itself ?
The financial element would have been part of that needs assessment.
( Home care services including assessments / direct payments : https://www.carersuk.org/forum/support-and-advice/all-about-caring/home-care-services-a-guide-from-the-money-advice-service-web-site-37984 )
Direct payments … a brief summary as for what is covered : https://www.sense.org.uk/get-support/information-and-advice/paying-for-your-support/direct-payments/
What can I use my direct payment for ?
You can use a direct payment to pay for services, equipment, or activities that meet your social care needs. You can buy these from organisations or individuals.
Examples of things you can buy with your direct payment:
Care and support to help you live in your own home.
Employing a personal assistant to help you do different activities.
Transport and travel training.
Support in college or in a job.
Short breaks and leisure activities.
You can also use direct payments to pay a close relative to meet your eligible needs as long as they do not live with you.
Examples of things you cannot buy with your direct payment :
Health services, including treatment from the NHS.
Household bills, for example gas or electricity bills.
Gambling or anything illegal.
Permanent accommodation or long-term care in a care home (while this was included in the Care Act 2014, allowing people to use their direct payments in this way has been postponed until 2020).
Employing your own support staff
Like many people, you may decide to use your direct payment to directly employ personal support staff.
If you choose to do this, your council should ensure the direct payment covers the responsibilities and costs associated with directly employing support staff. This will include maintaining Tax and National Insurance records, DBS checks, holiday pay and training costs.
If you pay for someone, like a personal assistant, you become their employer. Contact your council for information about becoming an employer.
Using a support provider
Another option is to choose a support provider to take on all the employment duties and responsibilities and include this in the amount it charges.
Your chosen support provider should work alongside you, and, when appropriate, your family, to ensure that you play a full part in the recruitment and supervision of staff, and identifying training needs.
- One to bounce off your CAB for a definite answer.
CAB : https://www.citizensadvice.org.uk/
Nationwide , LAs are cutting back their support services … many now beyond the bone … as recorded in numerous threads.
really not sure about needs assessment, he has had a personnel budget since 12 or 13 for his personnel assistant to take him out for cinema and swimming etc access short breaks and disabled groups
We are just confused as to how this has come about , he has had no assessment for maybe 4 years
Highly probable a review ?
If so , that home care services link will be of immediate assistance.
Needs assessments … usually annually , sometimes more frequently depending on the health of the caree.
ps.A personal budget is different from direct payments … full sp on the former :
yes it is definitely a personal budget and managed by my wife as a direct payment which she then pays for his PA and his leisure activities etc
but can they offset that cost against his pip and esa ?? ie you receive £300 pounds a month personal budget we will take £300 pounds of benefit to cover that from the age of 18 years
The LA will usually set a limit.
Any monies spent beyond that will be down to the recipient.
Not a case of offsetting , more a question of financing the excess beyond what the LA coughs up.
Classic was on the 6 April … rise in the minimum wage NOT offset with a rise in all LA limits … more monies for the same care ?
( Many reports on the forum of those limits being reduced on reviews. )
The Ombudsman has been very critical of authorities arranging things and failing to explain the cost. Unless you have signed that you will pay, you are not under any obligation to do so, as there is no legally binding agreement between you.
Insist on there being a new updated Needs Assessment for your son, and a new Carers Assessment for you. Only then should they talk about a Personal Budget and how needs can be met.
Look at the Care Act Statutory Guidance for the rules the LA must follow. Easy to find via Google.
Thank you, everyone will keep researching this
What the various organisations say should be happening … and what actually happens in practice … is like chalk and cheese.
Occasionly , the Ombudsman route … having received no joy from the LA … is the only route left open.
£300 a month, or £70 a week, so that’s only about 6 hours DP per week??
Is that really all the time off you both get? Utterly inadequate. Send me a PM and I’ll tell you more tomorrow.
That is very kind