The law says that people can be charged for non-residential care, so long as the charge is no more than the cost incurred by the council (s14(4) Care Act). In setting charging policies, councils are required to ensure that people are not charged more than is reasonable practicable for them to pay (Guidance 8.45).
The argument around those on income-related benefits being asked to pay anything for services, is that income support rates are set so as to provide the bare essentials for able bodied persons who are out of work – not vulnerable or otherwise disabled persons who have extra living costs, by virtue of their situation.
Individuals receiving non-residential care must be left with the Minimum Income Guarantee (Charging reg. 7). This remains set at the applicable figure for Income Support (depending on individual circumstances) + 25%.
It remains the case that disability-related benefits, including the daily living component of PIP (Or care component of DLA for those still in receipt) and the severe disability premium can be counted in a financial assessment and these sums are not included in the MIG.
There is a further exception to the MIG provided for by regulation 7. “Where a local authority provides non-care related support for the adult concerned the minimum income guaranteed amount in relation to that adult is the amount … less an amount equal to the cost the local authority incurs in providing that non-care related support for the adult concerned.” “non-care related support” includes support which consists of services or activities such as the provision of meals on wheels, shopping or transport services or recreational activities.
It is apparent that the principle behind this provision is to avoid those receiving social care getting for free things (such as food) which other citizens are obliged to pay for. However substantial caution is required (and consideration of the Disability Equality Duty) in the application of this provision to avoid falling into the potential pitfall of individuals receiving social care services being forced to pay a premium for basic essentials compared to other citizens.
Any individual, on income-related benefits or not, is entitled to have the authority consider their individual position by way of a review of the effect of the charging policy on their particular financial situation.