personal care allowance

Discussion in 'ARCHIVE FORUM: Support discussions' started by alfjess, Apr 22, 2007.

  1. alfjess

    alfjess Registered User

    Jul 10, 2006
    1,213
    south lanarkshire
    Hi All

    Can anyone help?

    I had a meeting with SW on Friday.

    It has been decided that Mum and Dad need 24/7 care and a double room in the care home of my choice is vacant, although being painted at the moment.

    They will be self funded, which is no surprise. As you know in Scotland there is a personal care allowance of £145 per week, but the social worker informed me that although, they have been assessed as needing care, the personal care allowance won't be available until the Council has funds. Until then they get attendance allowance, which is not as much.

    Does anyone know if the Council can refuse or delay payment of the PCA using lack of funds as the reason?

    I know they can't refuse respite, after having been assessed as part of the care package, due to lack of funds

    I have looked at factsheets from various websites, but can't find an answer.

    Thanks
    Alfjess
     
  2. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    69,586
    Kent
    Hi Alfjess,

    I`m so pleased for you that your mum and dad can stay together in a home of your choice.

    I`m not so pleased for you that you now have all the aggro that goes with funding.

    Sorry I can`t help on that one, but I`m sure someone will be along soon who can.
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    OK. Have a look at this http://www.spso.org.uk/reports/report.php?id=307

    It's clear that if you took it to the ombusdsman they would find in your favour. I also saw a submission from Alzheimer's Society Scotland that this is by no means unheard of. I suspect that if you confront them with the above report they'll cave. Note that they were instructed to pay the allowance back to the date of assessment.

    Jennifer
     
  4. capybara

    capybara Registered User

    Jan 10, 2007
    32
  5. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    69,586
    Kent
    That`s a great help jennifer. Is there no end to the skills on TP. :D
     
  6. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Hi Alfjess

    There was a lot in the press last year about people being made to wait for free personal care allowance, and it was established that this was illegal. Many authorities had been doing this.

    The Scottish Executive guidelines are at:

    http://www.scotland.gov.uk/Topics/Health/care/17655/personalcare

    I think if you fight this they will cave in they haven't a leg to stand on.

    Shame that you have to though!:(

    Love,
     
  7. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    And this is a news report about it
    http://news.scotsman.com/scotland.cfm?id=1768142006

    I have found older reports indicating that when this was initially introduced, there was a feeling that there was no requirement that LA's fund such care if they didn't have the money. However, as the report from the ombudsman indicates, this belief does not seem to be based in truth: LA's were given the money based on their assessments, and it's up to them to find the resources to perform their statutory duties. I think its an evolving body of knowledge, so there may still be that mistaken belief. However, the ombudsman's finding makes it quite clear that the LA were wrong. As a point of reference Argyll and Bute (the LA in the above case) in 2005/6 received £3.8m from the SE, but expected to spend £5.6m, while South Lanarkshire recieved £8.4m and expected to spend £15.8m, so simply not receiving as much money as they spent is not a valid excuse.

    Jennifer
     
  8. chip

    chip Registered User

    Jul 19, 2005
    400
    Scotland
    phone up the scottish exec they are really good at given info and will e mail it you you. I did and got the correct procedure for the Direct Payments they told me to report the social worker as well!!!!
     
  9. alfjess

    alfjess Registered User

    Jul 10, 2006
    1,213
    south lanarkshire
    Hi All

    Jennifer you are wonderful, also Cappybarra and Hazel and Chip.

    Thank you all for your research and replies.

    I thought, I was right, but until I am sure of the facts, I won't challenge and as I said, spent to-day on the internet looking for answers without success.

    Obviously, I didn't google the correct words.

    Thanks a million TPer's, I can now challenge the council with full confidence.

    TP triumphs again

    Thanks

    Alfjess
     
  10. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    You are most welcome. You go get 'em!

    Jennifer
     
  11. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Good luck, alfjess.

    Love,
     

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