Q&As on Disability Related Expenditure

How would you recommend establishing a strong evidence base for claiming DRE for holidays, and which are the most relevant legal precedents to refer to?

The strongest argument for a holiday to count – either for the funding for a care package, or for DRE is that the person has been funded before, and has very much benefited from the experience with regard to it sustaining quality of life, OR that it’s an economically sensible way of getting respite secured […]

How would you recommend establishing a strong evidence base for claiming DRE for holidays, and which are the most relevant legal precedents to refer to? Read More »

Can DRE be limited in advance by a charging team?

This is my question please: I have carers who help me each day for which I have a care package under adult social care. I have had this package for roughly ten years and have never had to contribute financially. I have had my yearly financial assessment done and have received a letter stating I

Can DRE be limited in advance by a charging team? Read More »

I was enquiring about where I might find some help with an appeal / complaint to my local council concerning their assessment of my DRE in relation to  the cost of my PA?

You need to make a referral to us, we would suggest. Our site explains that we do offer this sort of work, but it is chargeable work, in order that we are not overwhelmed by it. You still get a bit of free triage for instance to give you a steer as to whether there

I was enquiring about where I might find some help with an appeal / complaint to my local council concerning their assessment of my DRE in relation to  the cost of my PA? Read More »

Is it lawful for a local authority to employ pre-defined bands for DRE allowances?

Yes in our view, in principle, it is. That is because despite it being their obligation to disregard DRE from means in the context of charging against a person’s means – they have such a wide discretion with respect to what it is necessary and reasonable for a person to spend on meeting their own

Is it lawful for a local authority to employ pre-defined bands for DRE allowances? Read More »

Is it possible for an unpaid carer to claim costs for the time spend in administering the financial affairs of the cared for person – such as preparing DRE evidence?

The only costs an unpaid carer that can be ‘claimed’ (ie asked for)  are the costs of administering the person’s direct payment under this regulation here, Conditions which must apply to the making of direct payments  3.—(1) Direct payments must be made subject to the condition that they must not be used to pay any

Is it possible for an unpaid carer to claim costs for the time spend in administering the financial affairs of the cared for person – such as preparing DRE evidence? Read More »

Part 8.2 of the Care Act guidance relates to encouraging people to plan for future costs of education – 1) how does this work? 2) How is this accommodated within a financial assessment? 3) Can the cost of a future degree course be submitted as a DRE?

It is an exhortation only, related to the duty to promote wellbeing in all Care Act functions, which includes economic wellbeing. If a person needs to pay for education, they could spend the money, incur debt, pay interest on a loan, and ask the council to all for it with regard to the charging assessment.

Part 8.2 of the Care Act guidance relates to encouraging people to plan for future costs of education – 1) how does this work? 2) How is this accommodated within a financial assessment? 3) Can the cost of a future degree course be submitted as a DRE? Read More »

In March I successfully managed to get my partner’s care contributions reduced to nothing after submitting his disability related expenditure but today he has received a letter unexpectedly from a new social worker saying he needs a review and he only had one completed just before Christmas. (Checked and it’s not an admin error they intend to visit.) There is no reason we can think of why this is necessary and I’m worried this is happening because they want to reduce his care now that he’s no longer paying such a big contribution. Can they do this?

In principle you need to check whether the letter says a FINANCIAL MEANS / charging review, or a Care Plan review. They are two different things. A Care Review cannot be scheduled just because the person has been able to get their charges down to nil through setting out their DRE. You could ask what

In March I successfully managed to get my partner’s care contributions reduced to nothing after submitting his disability related expenditure but today he has received a letter unexpectedly from a new social worker saying he needs a review and he only had one completed just before Christmas. (Checked and it’s not an admin error they intend to visit.) There is no reason we can think of why this is necessary and I’m worried this is happening because they want to reduce his care now that he’s no longer paying such a big contribution. Can they do this? Read More »

Annex C of the Care and Support Statutory Guidance states a claim for Disability Related Expenditure (DRE) arises when there are: any heating costs, or metered costs of water, above the average levels for the area and housing typeSo, if an individual lives alone in a property, their disability requires that room temperature is maintained at a particular level and, as a result, an above average heating cost bill arises the excess can be claimed as DRE. However, our local authority’s policy is modified if the property has two or more occupants. Any above average heating costs are apportioned between each occupant on the basis that each occupant derives a benefit from the additional heating costs. If there is a family of three persons in the property one of whom is disabled and requires additional heating their DRE claim is one third of the excess above average heating levels.The authority’s policy seems questionable:

In so far as this is a question at all, regarding a discretionary evaluation that is in the hands of the financial assessor, subject only to the regulations regarding DRE and the Guidance, CASCAIDr thinks that a loose assumption will be made that the individual is only liable for a share of the bill, according

Annex C of the Care and Support Statutory Guidance states a claim for Disability Related Expenditure (DRE) arises when there are: any heating costs, or metered costs of water, above the average levels for the area and housing typeSo, if an individual lives alone in a property, their disability requires that room temperature is maintained at a particular level and, as a result, an above average heating cost bill arises the excess can be claimed as DRE. However, our local authority’s policy is modified if the property has two or more occupants. Any above average heating costs are apportioned between each occupant on the basis that each occupant derives a benefit from the additional heating costs. If there is a family of three persons in the property one of whom is disabled and requires additional heating their DRE claim is one third of the excess above average heating levels.The authority’s policy seems questionable: Read More »

Could talking therapy, as a form of counselling, be considered a valid Disability Related Expenditure?

Counselling is specifically noted in s8(1c) of the Care Act as a service which may be purchased by a local authority, to meet eligible needs. As such, it can be considered a service having to do with social care as opposed to being a purely NHS health care function, although therapeutic psychological interventions are able

Could talking therapy, as a form of counselling, be considered a valid Disability Related Expenditure? Read More »

Isn’t it discriminatory and intrusive that disabled people have to have all our disability related expenses scrutinised. Other people don’t have to justify every single thing they do or buy?

The dignity and privacy argument has been tried but has failed because the law in this country is that all charging is discretionary and that unless you go through the means test you can be deemed to be able to pay the full cost. Therefore being means tested is the only way to obtain the

Isn’t it discriminatory and intrusive that disabled people have to have all our disability related expenses scrutinised. Other people don’t have to justify every single thing they do or buy? Read More »