Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances?

1 Comment / Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging for transport provided or allowing a disregard from income for transport privately provided, Direct Payments and Personal Health Budgets, Due process in eligibility decision-making under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Fairness and due process in the context of care planning, Human Rights obligations related to publicly funded care through private companies, Involvement and advocacy rights for a Care Act revision process, Issues of importance to social care service providers, Options for challenging the legitimacy of the Care Plan (content or value), Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, Social Inclusion, Leisure and Recreational Services, The council's review of a Direct Payment Plan and Use of the Money, The law about the content of the Care Plan under the Care Act, The range of services or items on which a direct payment or PHB can lawfully be spent and those on which it cannot be spent, The range of services, items, facilities and responses able to be provided under the Care Act, Top ups and Additional Payments, Transport to services in a care plan / By

There is no clear answer to this question. 

Firstly it depends on the care plan – because if it’s in there, it must be funded. 

Secondly, self employed PAs would decide what to invoice for and it would be part of their fee, and their own expenses deduction from their income. 

Employed PAs are either volunteering their vehicle, or asking to be reimbursed for travel, like any other employee would. 

If the payment from the council doesn’t cover the cost of the service including those expenses, one would be able to contend that the package was not sufficient, but very few people understand that they need to do that. 

Expenses whilst out supporting someone might be regarded as part and parcel of the cost of meeting the need if for instance there was an eligible need in relation to social inclusion and accessing facilities in the community, or the cost of a meal might be regarded as something that an employee pays for in any event during their working day, whilst the extra cost that is not their choice might be regarded as disability related expenditure (DRE) (and allowed as a deduction from means, thus reducing one’s charges for care), because not every outing is ‘needed’ – some will be said just to be ‘wanted’ and there has to be some compromise somewhere. 

The amount allowed to anyone for the meeting of their needs, (and DRE amounts allowed as a disregard from charges)  are just like any other decision made by a council – subject to public law challenge for irrationality, unfairness, breach of human rights, or illegality.

It all comes down to how clued up one was at the time of negotiating one’s care plan, and how specific one obliged the council to be at that time regarding inputs and clarity, not just outcomes. If one missed that chance, one should ask for a review.

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  1. Lisa Gilroy

    My care plan has always stated I am unable to access the community, activities, appointments etc without transport, aids and carers. The box is always ticked that transport will not be provided or included in budget. My carer who had a car was expected to take me out on my social time, so my food shopping, pick up my prescriptions and take me to all hospital (despite which hospital) and doctors appointments with there car and there fuel. I have lost that carer now after 6 years especially due to displacement from no fault section 21 causing me to move further away & recently a fire losing my home & all possessions with no insurance & single mother. Now she has left my carer has no car. Since December I have not been able to leave the house, attend appointments, take my child anywhere, take her to appointments or school, missed hospital appointments, not been seen by a GP since before the fire. Not been able to even pick up milk when I’m alone & ran out or cat food, or prescription when one of them wasn’t ready the same day as others. Me and my daughter have been left isolated. No family, friends, no social time, housebound effecting both of our mental heath causing my mobility and muscle loss to worsen. I have a son who lives alone has now registered as a disability as having seizures very very frequently & struggling with mental health. While I am in this horrendous situation with no possessions pushing me to bankruptcy I have had to get Ubers to and from my home to his to check on his at least twice a week and calling emergency services costing me approximately £50/70 a week. How is this supposed to be acceptable? I need urgent assistance/clarity

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