Debt recovery for social care charges

In case where a council need to refund a service user, for example due to overcharging or an incorrect assessment,  should those monies be refunded to the service user or into their DP account?

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Charging and Financial Assessment Q&As, Debt recovery for social care charges, Direct Payments and Personal Health Budgets, Q&As on Charging and Financial Assessment /

There is no law on that, but logically, it would be reasonable for the council to repay the money to whatever account the money came from.  In any system where the charges were paid on receipt of an invoice to the client, the repayment should be made to the client’s account, from whence it came. […]

In case where a council need to refund a service user, for example due to overcharging or an incorrect assessment,  should those monies be refunded to the service user or into their DP account? Read More »

R (on the application of BHANDARI & ANOR) v CROYDON LONDON BOROUGH COUNCIL (2016)

Leave a Comment / Charging and financial assessment, Civil Proceedings, Financial Compensation and Restitution, Debt recovery for social care charges, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The right to charge for social care /

R (on the application of BHANDARI & ANOR) v CROYDON LONDON BOROUGH COUNCIL (2016) Keywords: Reasons, Charging, Residential care The local authority had decided that the claimant had capital in excess of the upper threshold and found her liable to refund the full cost of residential care that had been provided to her. They had

R (on the application of BHANDARI & ANOR) v CROYDON LONDON BOROUGH COUNCIL (2016) Read More »

Beeson v Dorset County Council (30 November 2001) (unreported) (QBD)

Leave a Comment / Article 6 the right to a fair determination of one’s civil rights, Charging and financial assessment, Debt recovery for social care charges, Deprivation of Assets to avoid paying for care, Human Rights in health and Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Deprivation of assets – charging – complaints – human rights *Please note that the High Court’s decision relating to article 6 has been overturned by the Court of Appeal (see below).  Mr Beeson at the age of 90 suffered a stroke. Shortly after his hospital discharge, he gifted his house to his son, out of

Beeson v Dorset County Council (30 November 2001) (unreported) (QBD) Read More »

Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB)

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Contractual matters, Debt recovery for social care charges, Fees Issues with the Public Sector, Financial Assessment Overview, How the Care Act fits in with the Mental Health Act (and s117 aftercare), How the Mental Capacity Act affects the Care Act, Issues of importance to social care service providers, Relevance of Mental Capacity to Care Planning, Top ups and Additional Payments /

This was a successful appeal against the decision to grant summary judgment to the Claimant in a claim against the Estate of Mr Shafi for outstanding care home fees. Mr Shafi, who was 81 and suffering from dementia, was admitted to a hospital under Section 2 of the Mental Health Act 1983 after his behaviour

Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) Read More »