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SN children

Here are some suggested organisations that offer expert advice on special needs.

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Original poster

Direct Payments Q

11 replies

r3dh3d · 09/10/2006 14:00

Am struggling with a legal thingie here.

I think that it's illegal to means test direct payments where the equivalent provided service would not be means tested. In effect, this means you cannot means test DPs where the equivalent service would be free. But it appears that social services can pick and choose locally what they do and do not charge for.

Generally speaking, is a home care service for a disabled child chargeable and thus possibly would attract means testing? Or is it (like legal aid) based on the child's income not the parents' and so they are immune?

I think SS are means-testing my DP application, and I'm not convinced they are allowed to do that. Any guidance before I fire off stroppy letter would be helpful!

OP posts:

FioFio · 10/10/2006 07:18

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r3dh3d · 10/10/2006 08:22

This is what I thought, but because there is no statute (ie because Government guidance is legally binding they haven't bothered making any clearly-worded laws about it) then it's not as easy to find out what the law is, because it's all in various bits of vague waffly guidance.

Somewhere in guidance it says that councils can decide which services are chargeable. And somewhere it says (recently) that they should move to means-testing chargeable services. It also says that you can't means-test DPs for a service that would be free if provided by the council. I can't find where it says that respite or whatever for disabled kids isn't chargeable, and thus to refuse it on grounds of parental income is illegal.

Oh, pointy pointy death to SS. I'm going to have to get a lawyer and go to the Court of Appeal. Tbbtttttttththt! (raspberry blowing noise)

OP posts:

FioFio · 10/10/2006 08:49

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Jimjams2 · 10/10/2006 09:05

Even if anything is means tested the service is for the child so your income shouldn't come into it!

Davros · 10/10/2006 19:08

Have you tried contacting Carers UK? They might be able to help you with some hard info. I also understand that the payment is for the child and relates to their needs and therefore (in theory) your income/situation shouldn't come into it..... but of course how much free time you have, how much room in your house etc isn't ignored. I used to feel a bit guilty about getting DPs until someone pointed out that it is for DS. I also thought that you could be charged for some services provided by social services but I don't know which ones and how they decide. I can't see the point of Soc Svs offering me access to a play scheme run by a local charity and then asking me to pay when I can just access something like that direct myself (which I do).

Jimjams2 · 10/10/2006 20:12

I think SS charge the user of the service. So when ds is an adult they would charge him out of his benefits iyswim. I met someone recently whos dd had just left ds1's school. She had PMLD but now she was 19 was paying her parents "rent" (from benefits). Presumably she was also paying for care during the day etc as well.

Jimjams2 · 10/10/2006 20:12

A child however usually has no income/money of their own therefore isn't charged.

gothicmama · 10/10/2006 20:25

As the DP is for respite care you (the carer) are the person in receipt of the DP (it is made under teh Carers and Disabled Childrens Act 2000 so that you can buy in respite care to free up some of your time. Local authorities have no duty to do this it is a power and you have to prove yourself able to manage the payment. Hope that helps a bit

Davros · 11/10/2006 18:08

gothicmama, at first I thought that your explanation made sense and is probably correct. BUT on what basis do disabled adults get DPs? It is to pay for someone to provide personal care, assistance to shop etc, chores at home etc. So doesn't that also apply to a child and, because parents normally undertake those jobs, it also acts as respite? Maybe I'm thinking about it too much! I'd be interested to know if anyone knows or maybe they're still making it up as they go along!

gothicmama · 11/10/2006 18:33

Davros I think it is because direct payments can only be made to people over 18 therefore it is for disabled adults or for carers.
So disabled adults would have DP to buy in services they need to dress, carry out daily activities whilst a care may receive it to pay for respite care whilst they go shopping or do activities with other children in the family

It is very hard to get a handle on it as all Local Authorities do it differently because there is no proper guidelines so it ends up a bit of a lottery.

Hope that helps explain it a bit

Davros · 11/10/2006 20:50

I see what you mean although I don't see why DPs can only be paid to someone over 18. DLA can be paid to and managed by someone other than the person who it relates to iyswim. As usual, it doesn't make sense..... I'm just glad I get what I do and have it reasonably under control admin-wise!

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