Personal Budgets

Councils cannot cap personal budgets under Care Act, Ombudsman warns

Councils cannot set maximum budget levels when calculating the cost of people’s care, the Local Government and Social Care Ombudsman has said.

The Ombudsman has issued the advice after an investigation found Wiltshire Council had a policy of placing people into bands, and paying in line with those banding levels, regardless of need. This is contrary to the Care Act.

The Ombudsman became aware of the council’s system after a woman, whose adult son had substantial and complex health problems and disabilities, had her support cut significantly.

The Ombudsman’s investigation found the council at fault for using an outdated matrix tool to calculate the amount of support offered to the family, and for reducing the support offered immediately, rather than as a staged reduction as the matrix tool said it should. It was also at fault for the way in which it reduced their funding for transport.

Read more

https://www.lgo.org.uk/information-centre/news/2018/apr/councils-cannot-cap-personal-budgets-under-care-act-ombudsman-warns

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Case law on personal budgets

CARE ACT 2014 PERSONAL BUDGETS MUST BE

TRANSPARENT; FAMILY CARE NOT TO BE ASSUMED;

UNJUST ENRICHMENT CLAIM WAS “AGAINST PUBLIC

POLICY”

 

A new High Court decision makes it clear that and personal budget assessment must be clear/transparent, to ensure that the care package meets the user’s needs. The assessment should not make assumptions about services or other help that may be provided.

In this case the local authority was wrong to take into account family support which the family was not willing and able to provide. Read more and see full decision 

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Changes to PIP and Motability users

The Government has announced that disabled people who are turned down for the enhanced mobility rate of Personal Independence Payment and lease a vehicle through the Motability scheme will be able to keep their cars for longer. DR UK is concerned that these changes won’t help disabled people who have long waiting times for appeals in their local area. Read more

PIP Personal Independence Payment

via Disability Rights UK news

Why restrictions on Personal Independence Payment should not go ahead: In her latest blog, DR UK CEO Liz Sayce says that proposed changes to PIP are bad news for disabled people, both because of the financial cost and the knock-on effects on other outcomes that the Government is explicitly aiming to address. Read her blog and find out more about PIP changes