The legal issues when a Direct Payment/PHB cannot or will not be used (hospital stays, lockdown, holidays, etc)

Should a person be charged for their home care when in a residential care, respite setting?

We think that were it to happen over the same period, it could be regarded as equating to double charging. There are two forms of charging rules. One takes account of a person’s main home (the value of their share in the property), the other (for those having care in a non care home setting) […]

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Can I pay the care contribution charge out of the DP?

No, not in any circumstances. The budget which has been converted into a DP is made up of your assessed charge, plus the shortfall between that and the cost of your services, and that is why the Direct Payment will often be paid net of your charges, so that you have to find the extra

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Disability discrimination

Originally, the approach to a prohibition on discrimination in England and Wales developed due to the UK’s membership of the European Economic Community, and as such centred very much on outlawing differential treatment on the basis of race and sex, in the economic area of employment and service provision. Over the last twenty years the

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North Yorkshire County Council, ex p Hargreaves (No 2) [1997] 96 LGR 39 (QBD)

Chronically Sick and Disabled Persons Act 1970 – holidays – fettering of discretion Section 2(1)(f) Chronically Sick and Disabled Persons Act 1970 (facilitating the taking of holidays by a disabled person) requires a local authority to consider funding the entire cost of a holiday, when the need for the holiday is a direct result of

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