Charging FAQs

Can I pay the care contribution charge out of the DP?
Should a person be charged for their home care when in a residential care, respite setting?
Could talking therapy, as a form of counselling, be considered a valid Disability Related Expenditure?
Can the council lawfully withhold the increase to meet new minimum wage rates, if a contract is not signed before the increase is required to be paid to a PA?
Is the amount of care a person receives dependent on how much charge for care/contribution a person is assessed to make?
Does someone’s wealth, or ability to pay charges, impact HOW MUCH care a person will receive from a council under the Care Act?
During a financial assessment, must the assessing officer account for and debt repayments a person may have?
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?
Was there a legal requirement for service users to continue paying service providers, even in the absence of services actually being provided – during the Covid-19 pandemic?
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?
What degree of detail and specificity must a Council’s charging policy contain – for example must it state which benefits will be disregarded?
What was the basis upon which the QC’s stated the Norfolk high court
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?
When a carer lives in the cared-for person’s home can the Council  require the carer to pay all housing costs?
Re: the limitations on charging – specifically assessments – can a commissioned assessor apply a charge by any loophole or utilising another name for the assessment service they provide?
Does the free adaptation limit (£1,000) apply to individual adaptations, or all adaptations for a given need? (e.g. someone might need multiple adaptations for the same need that total more than £1,000)
What can be considered under community equipment (aids and adaptations) apart from hoists/stairlifts?
Which services may come under the heading of ‘non-care’
Would it be commonplace for benefits such as Attendance allowance and servre disablement allowance to be disregarded within a financial assessment?
Is it lawful for a local authority to employ pre-defined bands for DRE allowances?
Could you give a link to the Government legislation regarding Direct Payment Rates for paying Personal Assistants? Particularly regarding and how much (or little) lee-way individual councils have in saying how much carers can be paid?
If a council has agreed to allow a direct payment budget holder to spend it on employing a relative living with them, is the NHS duty bound to uphold that when CHC takes over, or can they disregard it? Thus forcing the needy person to use outside carers?
Are there any allowances for employing relatives through CHC funding? If so, is it harder (or different) to achieve than through council funding/direct payments?
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