Yes, as long as it follows due process and does not act unreasonably. The harsh and perhaps surprising answer is Yes, because in legal terms, after a period of a direct payment being in payment, the council is required to do a review and if it does a proper s27 revision exercise, it can reduce […]
Every word counts here. The care a person is supposed to have funded in a care plan does not depend on their contribution. A person’s charges are calculated on the basis of 2 sets of means testing rules (one for care at home, and one for care in a care home). The maximum amount can
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
When needs change, in frequency, intensity, or complexity, or change nature, there needs to be a review to consider whether the plan and budget need to be revised. The plan and budget are needs led, so logically, an increase in needs means an increase in budget, OR a change in way needs are met. It
There is flexibility as to the timing and manner of the response to the need, and as to the identity of the business or worker who provides the care and support – but not much more than that. That is because the budget one is given to spend, must, in legal terms, rationally relate back
How much flexibility is there with Direct Payments? Read More »
ouncils are in charge of direct payments under the legal framework. Revision of any care plan connotes some sort of re-assessment and fresh care planning process under the authority of the council. Section 33 says that they can impose conditions as they think fit, within some broad parameters regarding reasonableness, and that they can prohibit
Who really has the right to decide on how and when a DP’s use can be changed? Read More »
Inflation (depending on the index used) could well be a lawfully relevant consideration on the part of commissioners as to what the council’s providers will need to be paid to keep enough of them on the council’s books to meet the anticipated throughput of need which the council’s data suggests will need to be organised
Is it the law that a direct payment should be put up annually in line with inflation? Read More »
Keywords: Care Act; personal Budgets; informal Care; interface between Care Act and the Children and Families Act; no compensation for public law breaches; right to Education Background This case concerned a 22-year-old woman with complex and multiple disabilities requiring round-the-clock care. Her parents, acting on her behalf, had pursued two parallel sets of legal proceedings
CP v North East Lincolnshire Council (2018) Read More »
In this case a challenge was made about the provision for a 22-year-old woman, CP, with complex and multiple disabilities requiring round-the-clock care. CP’s parents and the local authority were also engaged in an FTT appeal about educational provision which had a bearing on what else was or might be needed. They continued Alternative Dispute
This case concerns the circumstances in which the making of a direct payment under the Social Care Act 2001 and associated Regulations constituted income or earnings such that it affected a claimant’s entitlement to income support. Mrs C was receiving direct payments from her local council and her husband Mr C was receiving a direct
Casewell v Secretary of State for Work and Pensions[2008] EWCA Civ 524 Read More »