Jan 112015
 

Although this case will take place in Scotland we believe that if won it would be carried over into legislation in other parts of the UK and is therefore vitally important so that the situation where people need care and support but are unable to pay for it can be ended once and for all. If you do live in any of the areas where volunteers are being sort please get in touch with us at mail@dpac.uk.net or driectly with Ian at office@ldascotland.org

 

Care charges and the legal case

Scotland Against the Care Tax

8 Jan 2015 — Dear All

As you know, over 20 councils in Scotland discriminate against people under the age of 60 by allowing them to keep less money before charging them for social care. This can mean that young people are up to £50 a week worse off.

We believe that this is illegal and we have secured the help of one of Scotland’s top Human Rights lawyers, Tony Kelly to help take this forward. Tony will seek to prepare cases under the Equality Act 2010 for discrimination on the grounds of age.

With the help of one of Scotland’s foremost advocates, Niall McCluskey who is preparing a legal opinion, we should have a really strong case.

I am looking for some volunteers to come forward to be part of the first stage of a legal aid case to take on this challenge.

The volunteers need to be under 60/65 and pay care charges in one of the listed local authorities. They can be on Employment Support Allowance or have a restricted income in some other way up to a limit of £26,000 per year perhaps through a pension. Volunteers should have less than £13,000 in savings. Volunteers may be subject to some publicity but we would like to have at least half a dozen people so the demands on any one person should not be too onerous. Guardians can do this on behalf of the person they care for.

The local authorities we could pursue this in are below. Ideally we would like to group volunteers for the test case from 1 or 2 of these local authorities but will work with whoever comes forward.

Aberdeen City Angus Clackmannanshire East Ayrshire
East Lothian East Renfrewshire Falkirk Inverclyde
Midlothian Moray Renfrewshire Scottish Borders
Shetland Islands South Ayrshire South Lanarkshire Stirling
West Dunbartonshire Argyll & Bute Dumfries & Galloway

A legal case like this not only will bring justice to thousands of people who are illegally paying more than they have to but will help to undermine the whole system of care charging which relies on these illegal payments to justify itself and will force politicians to act or risk being seen to endorse illegal acts against disabled people.

Please get in touch with me directly to talk about volunteering or encouraging anyone you know to volunteer. Please forward this message on to others who might be able to help.

All the best
Ian
office@ldascotland.org

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[suffusion-the-author display='description']
 Posted by at 15:09

  2 Responses to “Legal Challenge to Care Charging- people needed in Scotland”

  1. I’d be delighted to take a lead here, Linda. It’s an area I’m hugely familiar with. I also have a separate case on right now, where, City of Edinburgh Council, are charging me, despite only having a housework service/function from Home Care.
    I am arguing that, DLA legislation specifically states, that DLA cannot be smd is not paid for housework duties and that Edinburgh’s decision to do so, is ultra vires.

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