EALING COUNCIL

Document Sample
EALING COUNCIL Powered By Docstoc
					              ADULT SERVICES

CHARGING POLICY FOR NON-RESIDENTIAL SERVICES

               APRIL 2005/06
                              CONTENTS

                                                            Page No.



1.    Introduction                                           2
2.    Aims & Objectives of the Charging Policy               2
3.    Legislation                                            2
4.    Non-residential Services for which Charges are made    3
5.    Exemption from Assessment Charges                      3
6.    Guarantee Payment Form                                 3
7.    Welfare Benefits Check                                 4
8.    Role of Visiting Officer                               4
9.    The Financial Assessment Process                       4
10.   Fees and Charges                                       5
11.   Calculation of Charges                                 5-8
12.   Direct Payments                                        8
13.   Health Funding                                         8
14.   Independent Living Fund                                9
15.   Review and Appeals Procedure                           9
16.   Recovery Action                                        10
17.   How to Pay                                             10
18.   Equal Opportunities                                    10
19.   Appendices:
          Appendix A Guarantee Payment Form                  11
          Appendix B Fees & charges                          12 - 13
          Appendix C Disability related expenditure          14 - 15




                                                                       1
EALING COUNCIL

CHARGING POLICY FOR ADULTS NON-RESIDENTIAIL CARE SERVICES


1.    INTRODUCTION

1.1   Council's have the discretion to charge for non-residential care services. Central Government
      expects a proportion of the costs of social care for adults to be born by charges

1.2   This policy explains what non-residential care services Ealing Council charges for, how services
      users are assessed for charges and the framework for collection of charges


2.    AIMS AND OBJECTIVES OF THE CHARGING POLICY

2.1   The aim of this policy is to:

         ensure that charges for services are made in a fair and equitable way to those service users
          able to pay
         ensure that your assessment of ability to pay is easily understandable
         ensure that we operate procedures and have working practices which are efficient and effective
          for assessing your ability to pay charges and for us to recoup income
         provide clear criteria against which you can be assessed and charged in a consistent manner,
          which meets the Council‟s policy on equality and diversity issues.
         ensure that if you need services that you are encouraged to use them rather than being
          debarred because of your financial resources.
         ensure that there is an efficient and well understood appeals procedure, which allows charges to
          be waived in exceptional cases.
         achieve a measure of income that can be used to meet the costs of the services provided to you
          in whole or in part.


3.    LEGISLATION

3.1   Section 17 of the Health and Social Services and Social Security Adjudications Act 1983
      (HASSASSA Act 1983) gives councils a discretionary power to charge adult recipients of non-
      residential services. The council may recover such charges as are reasonable in respect of relevant
      services
3.2   Section 7 of the Local Authority Social Services Act 1970 allows the Secretary of State to issue
      guidance to councils on the exercise of their social services functions, including those which are
      exercised under discretionary powers. In exercising those functions, councils must have regard to
      guidance issued under section 7. In 2003 The Department of Health issued Guidance entitled
      'Fairer Charging Policies for Home Care and other non-residential Social Services. This policy is
      based on that Guidance.

3.3   Local authorities may charge for services provided directly to carers under the provisions of the
      Carers and Disabled Childrens Act 2000 however at the present time Ealing Council does not
      charge for this service.




                                                                                                           2
4.    NON-RESIDENTIAL SERVICES FOR WHICH CHARGES ARE MADE

4.1   All needs assessed services will form part of a regular pre-planned package of care. This charging
      policy covers all cases where you have your needs assessed by Ealing Council and where non-
      residential services are provided or purchased by the Council to meet your needs, irrespective of
      where that service is purchased or provided from.

4.2   A package of care provided to you whilst living in the community may include a variety of services,
      some of which are included in the financial assessment and some of which are exempt.

4.3   Charges are made for the following non-residential services:

         Personal care
         Domestic Care
         Live in Care
         Sleep over
         Waking night
         Residential Respite Care
         Recipients of Direct Payments in respect of the above services will be liable to a charge
         Meals - there is a flat rate charge for meals whether at home or in day care, this charge will not
          involve an assessment of ability to pay since the charge substitutes ordinary living expenses

4.4   Residential Respite Care: When you receive a non-residential care package that includes respite
      care for the first 8 weeks you will continue to be charged the same weekly rate as your non-
      residential package. For respite care of 8 weeks or more you will be assessed using the Charging
      for Residential Accommodation Guidelines (CRAG).

4.5   Charges are not made for the following services:
       Day Care
       Transport to/from Day Care
       Equipment and minor adaptations


5.    EXEMPTION FROM ASSESSMENT AND CHARGES

5.1   There will be no charge in the following circumstances however you may still need to go through the
      financial assessment process in order to identify if you are exempt from charges.

         you receive income equivalent to or below the basic level of Income Support or the Guarantee
          Credit of Pension Credit plus 25%
         you are suffering from Creuzfeldt Jacob disease (CJD)
         you are receiving after care services under Section 117 of the Mental Health Act 1983
         you will not pay for the first 6 weeks of intermediate care if you need a package of care provided
          by the Social Re-ablement Service. This would be arranged by your Care Manager to assist
          you to regain the ability to care for yourself and avoid an unnecessarily prolonged hospital stay
          or admission to residential care.
         you will not be charged for any advice or assessment, occupational therapy and welfare benefit
          checks and advice.


6.    GUARANTEE PAYMENT FORM

6.1   If another person is managing your finances on your behalf they will be invited to sign a guarantee
      to meet your assessed charges. The guarantee is an agreement between the Council and the
      person who manages your affairs. It is shown in Appendix A. Whether or not the form is signed the
      Council can take enforcement action in relation to any charges owed for services.


                                                                                                               3
7.    WELFARE BENEFITS CHECK

7.1   As part of the financial assessment we will check on your entitlement to benefits so that you can
      claim and receive all the benefits you are entitled to. The welfare benefits team will help you to
      make any claims for benefits, which may arise.


8.    ROLE OF A VISITING OFFICER

8.1   From April 2006 it is intended to create the role of a Visiting Officer. A visiting officer will assist in
      the completion of a Financial Circumstances Form, the maximising of welfare benefits under Fairer
      Charging and completion of the Guarantee of payment form.


9.    THE FINANCIAL ASSESSMENT PROCESS

9.1   You will need to be financially assessed to determine how much you should pay towards the cost of
      your care and unless you ask otherwise your financial assessment will be based on your financial
      circumstances only.

9.2   However, if you live with your partner or spouse, we are able to calculate a charge based on joint
      financial circumstances, if you prefer. In all cases this is to ensure that an assessed charge for you
      would not reduce you and your partner below the „basic allowance‟ plus 25% buffer.

9.3   The assessment of charges will be based on your 'net disposable income'. This is calculated by
      assessing your income and capital, deducting the “basic allowance ” which is Income Support or
      the Guarantee Credit of Pension credit plus a “25% buffer”, other standard allowances and any
      applicable disability related expenditure.

9.4   The 25% buffer of the 'basic allowance' provides an additional safeguard in order to prevent your
      independence being undermined by the charges for services. The 25 % buffer is added on to your
      Income Support allowance and premium according to age, level of disability, and family status or
      the appropriate Guarantee Credit of Pension Credit.

             Current Income Support Rates

                             2005/06 rates
             Single Adult (18 0 24 years old)                      £85.56
             Single Adult (25 to 59 years old)                    £100.19
             Pensioner, single (65 years and over)                £136.81
             Pensioner, couple                                    £208.81
             Disabled couple                                      £152.94


9.5   Your assessed charge will be 100% of your “net disposable income” or 100% of the cost of your
      care whichever is the lower.

9.6   The minimum charge is £5.00 per week is effective from 1 October 2005.

9.7   You will be required to pay for the full cost of services you receive if you have capital or savings
      over a set limit. The Council assesses capital and savings in accordance with the annual Guidance
      issued by the Department of Health on Charging for Residential Accommodation (CRAG) . This
      Guidance sets a maximum limit currently of £20,500.



                                                                                                               4
9.8    If you do not wish to disclose your financial details, you can sign a declaration form choosing to pay
       full cost for the services you receive.

9.9    Your assessed charge will be reviewed if your care package changes. This is to ensure that any
       changes in service and charges do not reduce your income below the minimum income level i.e. the
       “basic allowance “

9.10   You will also be asked to provide updated financial information so we can review your assessed
       charge on a regular basis.

9.11   If your circumstances or income change you can request for a review of your assessed charge.

9.12   If you do not receive a financial circumstances form and charging brochure from your care manager
       prior to or at your care management assessment then you may request one from the Financial
       Assessment Income Team on Tel 020 8825 5998 or request a form by email from :
       homecarecharging@ealing.gov.uk. The Financial Assessment Team will be able to help you
       complete the form


10.    FEES AND CHARGES

10.1   Appendix B shows the Council‟s standard charges and level of assessed contributions. The
       standard charge is the actual cost of providing the service and the assessed charge is your
       contribution towards the cost of the service.


11.    CALCULATION OF CHARGES – Stages in the Financial Assessment:

11.1   Stage 1: Users Chargeable Income:

       Following the completion of the financial assessment form the council will assess your financial
       circumstances to determine how much money you have available to pay towards the cost of your
       care each week. This is known as your weekly net disposable income. The calculation used to
       determine your net disposable income is:

       Income* - Expenditure - Allowances               =   Net Disposable Income
       (*including tariff income from Capital)

       Income – this is money received by the user. The following list is intended as a guide and is not
       exhaustive.

       Pension credit: guarantee
       Pensions paid by an employer
       Income Support
       Job seekers allowance
       Incapacity benefit
       Severe disablement allowance
       Exceptionally Severe Disablement allowance
       Attendance allowance                        } limited to lower rate only taken into account*
       Disability living allowance–care component } limited to middle rate only taken into account*
       Industrial injuries disablement benefit
       Disability working allowance
       Carer‟s allowance
       Widow‟s benefit
       Bereavement allowance
       War disability pension (less £10 disregarded)


                                                                                                           5
*unless night care is provided as part of the care package from Ealing Council, in which case, the
limit is removed.
Tariff income raised from Capital and Savings will also be assessed as described on the next
section.

We ignore certain types of income when calculating the users charges. These are:

   100% of all earnings
   Reduced earnings allowance
   100% of Disability Living Allowance (Mobility Component)
   100% of Working Tax Credit
   100% of Child Tax Credit
   £10 per week of War Disability & War Widows Pension
   100% of War Widows Special and Supplementary Payments
   War Pensioner‟s mobility supplement - deemed equivalent to Disability Living Allowance mobility
    component)
   100% of Gallantry Awards
   Pension credit (Savings)
   Invalid Care Allowance

All earned income and income comparable with earned income, e.g. Statutory Sick pay, Statutory
Maternity Pay is ignored, to ensure that if you or your carer iwish to enter and progress in work that
you are able to do so.


Capital

Examples of capital taken into account are shown in the following list, the list is intended as a guide
and is not exhaustive (refer to Charging for Residential Accommodation Guidelines Section 6.002)

   Buildings *
   Land *
   National savings certificates and Ulster Savings Certificates
   Premium bonds
   Stocks and shares
   Capital held by the court of protection or a Receiver appointed by that court
   Any savings held in:
   Building society accounts
   Bank current accounts, deposit accounts or special investment accounts, including savings held
    in the National Savings Bank, Giro bank and Trustee Savings bank
   SAYE schemes
   Unit Trusts
   Co-operative share accounts
   Cash
   Trust funds

* The value of your home will normally not be taken into account in the financial assessment where
you continue to occupy the dwelling as your home.

The value of your home will be taken into account as capital where you no longer occupy the
dwelling as your home. Where you no longer occupy a dwelling as your home the value should only
be disregarded if a partner/lone parent/relative lives there (relative as defined in Charging for
Residential Accommodation guidelines (CRAG) paragraph 7.

If, you and your partner have joint capital, only half will be considered to be yours.




                                                                                                     6
    2005/06 capital limits

    upper limit £20,500
    lower limit £ 12,500

    Capital below £12,500 is disregarded and you will be required to pay the lower amount of either the
    actual cost of the services you receive or your weekly assessed charge.

    For capital levels over £20,500 you will be required to pay the maximum cost of the services you
    receive.

    Tariff Income For capital between £12,500 and £20,500 tariff income is calculated as equivalent to
    £1 a week for every £250 (or part of £250) above the £12,500 and this is treated as income.

.
    Deductions

    i. Basic Allowance
    This allowance represents the basic levels of Income Support or the Guarantee Credit of Pension
    credit plus a 25% buffer that is money considered essential by the Government for your basic day to
    day living requirements. In addition to the basic allowance the following allowances over and
    above the “basic allowance' are made:


    ii. Household Expenses
    Mortgage payments/Rent       - Allow full amount less any Housing Benefit paid
    Council Tax                  - Allow full amount less any Council Tax Benefit paid


    iii. From Ocotber 2005, there will no longer be an allowance for Users:
    Water rates
    Insurance
    Loans including Hire Purchase and catalogues
    Pets
    Normal fuel bills, TV licences, etc.


    iv. Disability Related Expenditure
    Expenses resulting from your disability or infirmity might include chiropody, special dietary costs,
    private personal care, etc. and each individual will have different circumstances and consequently
    different expenditure items. More guidance on Disability Related Expenditure is provided in
    Appendix C.

    v. Carer (s)
    An allowance of £40 per week is made to cover the cost of additional expenses of any carer living in
    the same property as the service user. This allowance is higher than the dependant‟s allowance in
    recognition of the care input by the carer and the fact that their employment opportunities are quite
    possibly affected by their role as a carer. In some cases, it is possible that the carer may also be a
    dependant; in these cases only one of the two allowances are applicable i.e. the higher carer‟
    allowance.

    vi. Other
    An allowance for the actual weekly costs of the following:
     Maintenance payments under court orders
     Child Support Agency payments
     Payments towards Private pension



                                                                                                           7
11.2   Stage 2: The cost of services you receive:

       The council looks at what services you receive from Social Services and how often you receive the
       service each week. With this information we can calculate how much it costs Social Services to
       provide you with this service. The calculation used to determine the cost of services is as follows:

                                 Service cost*     x    Volume of service.

       *Service Cost – The unit cost of services is increased annually in line with inflation. The current
       rates are available on Appendix C

       If you wish to be placed in a residential/nursing home that exceeds the standard cost for a person of
       your needs a third party may „top up‟ the difference to pay for the costs above the standard rate.


11.3   Stage 3: How much will I have to pay?

       You will be asked to pay your net disposable income towards the cost of your care. You will only be
       charged for the service received. If you are assessed as having to pay the full cost of your services
       you will not be expected to pay for any services you do not receive (i.e. a credit will applied for all
       services not received).

       If you are assessed as having to pay a contribution towards the full cost you will not receive a credit
       unless the cost of the services received in that week is less than your assessed contribution.

       Note:
       You will not be expected to pay more than your net disposable income.


11.4   Stage 4: What happens next:

       The council will notify you in writing to confirm your assessed charge. We will also send you details
       of how your charge has been calculated.

       Change in your assessed charge

       If as a consequence of a charges review, your assessed charge is increased or decreased by more
       than £15 per week you will be given 2 weeks notification, where after your new rate will be phased
       in over a period of 3 months.


12.    DIRECT PAYMENTS

12.1   Direct payments are available if you have been been assessed as needing a care package but you
       would like to get money from Adult Services to employ and manage your own care staff directly
       instead of receiving it from the local council.

12.2   If you receive Direct Payments you will be assessed and charged as though you were receiving the
       equivalent services. Details of Ealing‟s Direct Payments Policy can be Found at Ealing Councils
       Website www.ealing.gov.uk.

13.    HEALTH FUNDING

13.1.1 If your care package is fully funded by Health/ a Primary Care Trust (PCT) under the NHS
       Continuing Care Policy you will not have to contribute towards the cost of your care package. If
       your care package is partly funded by Health/PCT and the council, then we will assess you on
       your contribution towards the council‟s cost of the package only.

                                                                                                              8
14.    INDEPENDENT LIVING FUND

14.1   If you receive money from the Independent Living Fund this will be treated as income in your
       assessment. If the Council provides any of the services in your care package your Independent
       Living Fund monies will be included as income when you are financially assessed.


15.    REVIEW AND APPEALS PROCEDURE

15.1   You can request a review of your assessed charge. A review can be requested for any of the
       following reasons;

          incorrect dates or amounts have been used
          the charge has been incorrectly calculated.
          additional expenditure which was not previously stated on the financial circumstances form
          being invoiced for services not received.
          there are exceptional personal circumstances concerning your financial situation, which mean
           you believe it is unreasonable for you to pay the assessed charge.

15.2   Reasons that are not directly related to your financial circumstances will not be considered as
       grounds for review.

15.3   The Income Manager will review your case and take into account the issues you have raised. The
       manager will write to you with the outcome of the review within 14 working days, they will also
       explain what to do next if you remain unsatisfied with this response

15.4   If you are unsatisfied with the Income Manager‟s review of your assessed charge, you can request
       that this be looked at again. The Head of Finance in consultation with the Head of Service will
       review your accessed charge and the issues you have raised. They will respond to you within 14
       working days with the outcome and will also explain that if you remain unsatisfied that you can
       Appeal against their decision.

15.5   If you are unsatisfied with the Head of Finance and Head of Service‟s decision you can Appeal and
       this will be referred to the Director of Adult Services to review, again you will receive a response
       within 14 working days as shown in the table below:

           Activity             Reason                      Lead Officer           Targeted
                                                                                   Working
                                                                                     Days
           Review        Incorrectly calculated    Income Manager                   14
             A           Exceptional personal      (with delegated authority to
                          circumstances             waive charges.)
                         Additional expenditure,
                          etc
           Review        Dissatisfied with         Head of Finance in               14
             B            outcome of Review A       consultation with Head of
                                                    Service
           Review        Appeals Procedure         Refer to Director of Adult       14
             C                                      Services

       If you are still dissatisfied with the process then you will need to use Social Services Complaints
       Procedure. This information can be assessed on the Councils Website www.ealing.gov.uk.




                                                                                                         9
16.    RECOVERY ACTION

16.1   You or the person managing your financial affairs will receive a monthly invoice to be paid within 14
       days. If no payment is received within 14 days we will write to you requesting either prompt
       payment or that you contact us to explain why payment cannot be made.

16.2   If we have not received a response within 5 days we will try to contact you by phone and can
       discuss any issues you have. This could include a discussion regarding payments by instalments or
       how to arrange setting up a standing order.

16.3   If no payment is received or contacte made with us to explain why the charges have not been paid,
       we will send a second letter explaining what actions we will have to take if we do not receive
       payment or contact from you within the next 14 days.

16.4   If you are receiving benefits and payment is not received we will consider requesting the
       Department for Works and Pensions (DWP) to revoke an existing appointeeship and grant the
       council the role of Corporate Appointee.

16.5   Your file will be passed to our Debt Recovery Team to investigate. The team will consider your
       case and if necessary meet with representatives from Care Management and Legal services. They
       will try to resolve the matter with you. In the absence of a satisfactory solution being reached, the
       outstanding debt will be pursued through the courts.


17.    HOW TO PAY

17.1   You can pay monthly on receipt of an invoice by:

       Cash, cheque or payment book at the council‟s cashiers located at:

       Ground Floor
       Perceval House
       14-16 Uxbridge Road
       London
       W5 2HL

17.2   You can also pay by payment book at a Bank, Building Society or Post office. Please note that a
       charge may be levied for the service.

17.3   Standing order is currently the preferred method of payment and you can obtain a standing form by
       contacting the Financial Assessment Income Team on Tel: 020 8825 5998 or request a form by
       email from : homecarecharging@ealing.gov.uk

17.4   Cheques should be made payable to Ealing Council


18.    EQUAL OPPORTUNITIES

       Ealing Council will treat all people with dignity and respect, recognising the value of each individual.
       The council is committed to eliminating all forms of discrimination in service delivery and
       employment on grounds of race, gender, disability, age, sexuality and religion.

       This information is available in the following formats: Braille, large print, tape and disk and most
       foreign languages.




                                                                                                              10
                                                                                       Appendix A

GUARANTEE FOR PAYMENT OF CARE SERVICE CHARGES

To:      Ealing Council
         Perceval House, 14/16 Uxbridge Road, Ealing, London W5 2HL

1.     Arranging Care Services
You have agreed to arrange for care services for
……………………………………………………………………………..insert all forenames and surname
who in this Guarantee is called „the client‟. The client is responsible for paying part or all of the charges for
the care services from his/her own money. I collect and manage the client‟s money for him/her.

2.      Guarantee
IN CONSIDERATION of your having agreed to arrange for care services for the client
I …………………………………………………………………………..…insert all forenames and surname
of …………………………………………………………………………………………………………
……………………………………………………………………Postcode……………Insert address
unconditionally and irrevocably GUARANTEE to you that the client will pay all charges for the care services
for which he/she may be responsible when they fall due.

2.       Payment by me
If the client does not pay any of the charges for care services when they become due, you will write to me
to tell me so. Within 14 days of the date of your letter, I will pay all charges that are in arrears. I will accept
that the amount of arrears stated in your letter is correct and binding on the client and me, unless it is
obvious that you have made a mistake.

3.       Continuing guarantee
This Guarantee shall continue until you stop providing care services to the client or I notify you in writing
that I have stopped collecting and managing the client‟s money (whichever happens first). There is no limit
to the amount of arrears that I may become responsible for paying you.
I will still be responsible for paying all charges that are in arrears, even if you do something (such as
allowing more time to pay) that might otherwise have released me from my guarantee

4.     Legal advice
I acknowledge that you have advised me to seek independent legal advice before signing this guarantee.

Signed
            Guarantor
Date
Signed
            for and on behalf of the London Borough of Ealing
Date




                                                                                                                11
Non –Residential Fees and Charges 2005/06                                                             APPENDIX B
                                    2005/2006            2005/2006
                                    Standard Charge      Assessed Charges                       Charging mechanism
1.Mobile and Day Centre Meals
                                    Hot Meals   Frozen   £ 3.00 per meal                        Flat rate charge as directed in Fairer
Western European                      8.62      3.75                                            Charging
Hal-al                                9.38      3.96
East European                       10.14       4.72
Afro Caribbean                      10.14       4.72
Kosher                              11.92       6.50

2 Respite Care
Respite charge - up to 8 weeks                           Based on assessable income under Local Authority charging policy / discretion
                                                         Fairer Charging                  approved under Fairer Charging
Respite charge – after 8 weeks
Respite charge – Over 60         Based on permanent      £ 90.65                                Local Authority   charging policy / approved
                                 placement cost                                                 under CRAG
Respite charge – Under 60        Based on permanent      £ 61.35                                Local Authority   charging policy / approved
                                 placement cost                                                 under CRAG
Respite charge – 18-24 years     Based on permanent      £ 37.40                                Local Authority   charging policy / approved
                                 placement cost                                                 under CRAG
Respite charge (Mental Health) – Based on permanent      Exempt                                 Local Authority   charging policy / approved
16-18 years                      placement cost                                                 under CRAG
Respite charge - Drug & Alcohol  Based on permanent      £ 37.40                                Local Authority   charging policy / approved
                                 placement cost                                                 under CRAG
Short Break Service – Under 60   Based on permanent      £ 63.25                                Local Authority   charging policy / approved
                                 placement cost                                                 under CRAG
3. Supporting People
Charges pending review for
Supporting People legislation
4.   Direct   Payments        and
Domiciliary Care

Personal care/ specialist care/     £ 12.10 per hour     Minimum charge - £5.00                Fairer Charging
rapid response                                           Maximum charge – Cost of service if a
                                                         full cost client

                                                                                                                                         12
Domestic Care                    £ 11.85 per hour     Minimum charge - £5.00                     Fairer Charging
                                                      Maximum charge – Cost    of service if a
                                                      full cost client
Sleep over                       £ 61.00 per night    Minimum charge - £5.00                     Fairer Charging
                                                      Maximum charge – Cost    of service if a
                                                      full cost client
Waking night                     £ 110.62 per night   Minimum charge - £5.00                     Fairer Charging
                                                      Maximum charge – Cost    of service if a
                                                      full cost client
Live-in care                    £ 170.61 per 24       Minimum charge - £5.00                     Fairer Charging
                                hours                 Maximum charge – Cost    of service if a
                                                      full cost client

5.Equipment       and     minor Variable              Exempt                                     N/A
adaptation
6. Day Care / Transport         Exempt                                                           N/A discretion not to charge – Fairer
                                                                                                 Charging
                                                                                                 The „Social Services loan‟ for Major
7.Adaptations                   Interest at                                                      Adaptations was provided as either a
                                 Local Average rate                                              supplement to a Home Improvement Grant
                                                                                                 (under the Housing Act 1974) or to fully cover
                                                                                                 the cost of a Major Adaptation in clients own
                                                                                                 home.
                                                                                                   Loans agreed prior to 1984 were interest
                                                                                                 free and after that date new loans attracted
                                                                                                 interest at the “Local Average rate” this rate is
                                                                                                 the higher of 2 rates the Council could
                                                                                                 charge. All loans were secured by a legal
                                                                                                 charge on property. No more loans were
                                                                                                 agreed after July 1990 (due to the
                                                                                                 introduction of Disabled Facilities Grant).
                                                                                                 The Income section continues to keep details
                                                                                                 of the outstanding loans, including the
                                                                                                 calculation of interest currently at 6.49 %.




                                                                                                                                              13
                                                                                       Appendix C

Disability Related Expenditure (DRE)

Where disability benefits are taken into account as income in assessing ability to pay a charge, the user‟s
disability-related expenditure (DRE) is also assessed. The aim is to allow for reasonable expenditure
needed for independent living by the disabled person/user. Items where the user has little or no choice
other than to incur the expenditure, in order to maintain independence of life, should normally be allowed.
Please note that the following disability benefits are already automatically disregarded
       Disability Living Allowance (Mobility)
       War Pensioners mobility Supplement
       War Disability and War Windows Pension disregard the first £10 per week only
       War Widows Special payments

For the following disability benefits there are further factors that will influence if the benefit will be regarded
or disregarded :

Attendance Allowance / Constant Attendance Allowance (CAA) - if on the higher rate the difference
between higher and lower rate will be disregarded unless the user is in receipt of both day and night care.

Disability Living Allowance (Care) – if on the higher rate the difference between higher and middle rate will
be disregarded unless the user is in receipt of both day and night care .

Severe Disability Premium (SDP) Exceptionally Severe Disablement Allowance (ESDA) – 50% of the SDP
or SDA is disregarded OR the total disability related expenditure (whichever is the greater).

It is not possible to provide a completely comprehensive list of disability related expenditure, which can be
taken into account in the assessment but the following provides guidance on specific disability expenses.
If the total of the DRE is greater than 50% of the (SDP) then the DRE will be disregarded in the
assessment.

The Government has identified typical annual fuel figures for the following six scenarios. Any fuel costs
above this amount should be allowed as an expense or an allowance of £5.00 per week be made for
excessive fuel costs incurred by a service user.

 Single person in flat or terraced property                                       £459
 Couple in flat or terraced property                                              £604
 Single person in semi-detached property                                          £488
 Couple in semi-detached property                                                 £640
 Single person in detached property                                               £592
 Couple in detached property                                                      £780


Please note that central Government also award Winter Fuel Payments to Pensioners and these payments
are not taken into account as income for assessment purposes but should be noted when considering an
allowance for extra heating costs.




                                                                                                                14
   The following are also acceptable allowances:
            ITEM
                                                   AMOUNT                           EVIDENCE
Community Alarm System         Actual cost unless included in Housing        Bills from provider
                               Benefit or Supporting People Grant
Privately arranged care        Actual cost if social Worker confirms         Signed receipts for at
                               requirement as part of the Care Plan and      least 4 weeks using a
                               Council supported care is reduced             proper receipt book
                               accordingly
Private Domestic help          Actual cost if Social Worker confirms As privately arranged
                               requirement as part of the Care Plan and care
                               Council supported care is reduced
                               accordingly e.g. window cleaning
Laundry/Washing Powder         £2.65 per week                              Care     plan   identified
                                                                           incontinence     problem,
                                                                           more than 4 loads per
                                                                           week
Dietary                        Discretionary as special dietary needs may Details      of     special
                               not be more expensive than normal           purchases
Gardening                      Discretionary based on individual costs of As privately arranged
                               garden maintenance                          care
Wheelchair                     £2.76 per week manual, £6.71 per week Evidence of purchase
                               powered
                               (No allowance if equipment provided free of
                               charge)
Powered bed                    Actual cost divided by 500 (10 yr life)     Evidence of purchase if
                               Up to a maximum of £3.08 per week           available
Turning bed                    Actual cost divided by 500 up to a          Evidence of purchase if
                               Maximum of £5.36 per week                   available
Powered reclining chair        Actual cost divided by 500 up to a Evidence of purchase if
                               maximum of £2.44 per week                   available
Stair-lift                     Actual cost divided by 500 up to a Evidence of purchase
                               maximum of £4.32 per week                   without DFG input
Subscriptions for specialist                                               Evidence of purchase
publication
Additional costs of bedding,   Actual cost/ £ 5.00 per week if Social Evidence of purchase
sheets mattress covers         Worker confirms requirement as part of the
                               Care Plan
Additional cost of clothing,   Actual cost/ £ 5.00 per week if Social Evidence of purchase
excessive wear & tear, over    Worker confirms requirement as part of the
sizing, soiling                Care Plan


   Evidence of actual expenditure may be requested, at the council‟s discretion. Where receipts have not
   been kept, the council may request that this be done for future expenditure. It is also legitimate for the
   council to verify that items claimed for have actually been purchased, particularly for unusual items or
   heavy expenditure.




                                                                                                          15

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:268
posted:3/18/2010
language:English
pages:16