Oct 102017
 

Many Local Authorities have now started to ask people to contribute part or most of their DLA or PIP towards the cost of their community care. We believe this may be illegal, especially if they are asking for all of higher rate DLA and PIP and need to hear from anyone in this situation.

If you’re affected please email us at mail@dpac.uk.net with your contact details and how much you’re now being asked to contribute.

Also please take a few minutes to complete this consultation to try to stop yet another local authority – Hertfordshire doing this as well. They blatantly lie when they say DLA is paid to enable individuals to pay towards the cost of their care. You don’t need to live there to complete this and when we have done this previously with another council’s consultation they backed down.

https://www.hertfordshire.gov.uk/about-the-council/consultations/adult-social-services/care-charging-consultation.aspx

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 Posted by at 20:21

  12 Responses to “Is your Local Authority asking you to pay DLA or enhanced rate of PIP towards care?”

  1. In Scotland, we have the same situation that Sarah (7) describes. All 32 local authorities take PIP/DLA care into account with assessing income for care charges. The only disregard is when Night Care is not being provided and then they discount the difference between Enhanced and Standard PIP. Mobility DLA/PIP is fully excluded because of a clear legal exemption. What makes you think that it may be illegal to take PIP/DLA care into account? We would love to follow up if you have some new legal advice or evidence.

  2. Here in North Yorkshire it’s been mandatory for many years as a financial assessment is carried out & once you’re in receipt of DLA/PIP at a certain level they you have to pay towards the cost of the care you’re receiving. The alternative would be to source your own care.

  3. All local authorities started making a charge a few years back. What Hertfordshire apoear to be looking at are a number of specific parts of benefits not the whole benefit as well as other possible increases. The really big issue that seems to be ignored is how you can offset charges against disability related expenses and a local authority’s definition as to what those expenses are is usually very narrow, confined to the obvious for people with physical disabilities but very poor criteria, or none at all, for people with learning difficulties, mental health or autism.

  4. I pay £108.77 per week here in Essex

  5. My Mum will be needing at least 6wks of home care when discharged from hospital. The leaflets aren’t very clear and it looks like she may have to pay a contribution out of her Care component of DLA even though she is in receipt of benefits and has no private income/pension or even savings above the minimum amount allowed. We live in Bury in Greater Manchester and one of the adjoining towns, Rochdale, have a totally different policy as my sister got free respite care.

  6. if these tories have their way finally people who rely on any state support will end up looking in bins for food just to survive. they show only contempt for the most vulnerable . i hope cameron osborne clegg cable, all complicit in this , can be brought to a human rights court, universal credit seems to be the next disaster.

  7. My son’s income is wholly from benefits. He is on highest DLA Care and Mobility, has no night care staff provided by the LA, but contributes almost £70 a week towards his care package.

  8. Unfortunately while wrong, I don’t believe this is illegal. It is very clearly spelled out in the ridiculously named “Fairer Charging Policy” which guides charging toward care costs.
    It is worse than just DLA/PIP, as Social Services are also permitted to take into account the severe disability premium of ESA in the calculation.
    As a result I know people including myself paying upward of £50-80 per week toward their care.
    The only thing which would definitely be illegal is if they were taking the high rate of DLA while not providing any night care.
    The situation with the enhanced rate of PIP is as yet unclear as it is not divided into day and night care. It is something which will need keeping a careful eye upon, as many disabled people could see all their care component suddenly taken away overnight, making a bad situation even worse. This could certainly be open to challenge.

    Under the “fairer charging policy” I paid nothing at all toward my care while I was working and earning shed loads of money. I was allowed to keep all my DLA.
    Now I’m on benefits I have to give up my mid rate care DLA and a portion of my SDP.
    While I don’t think you should have to pay for your care out of your salary, it hardly seems “fair”. Either DLA/PIP is supposed to be used as a contribution toward care costs, or it isn’t… (Spoiler: I don’t think it should be 😉 )

    • P.S. I’ve mailed you my details anyway and encourage others to do likewise. This is one of those situations where I would really love to be wrong.

  9. Bath & North East Somerset also includes the ESA premiums to calculate what you have to pay

  10. Though I work and therefore don’t make a contribution towards my social care and support package. However, in my job as a Direct Payments Officer working for a charity in Lambeth I meet clients who are struggling to find £50, £60 or £70 per week contributions. At the moment we are looking to work with Unite’s local Community Branch to pushing Lambeth Council to drop the charge.

  11. Charging was introduced here in about 2009,based on half DLA middle rate care as default.They can charge subject to guidance and MIG
    ..FYI
    https://www.gov.uk/government/publications/social-care-charging-for-local-authorities-2017-to-2018

    Has been a couple of years since I(we) received support.

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