personal care allowance

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
 

Grannie G

Volunteer Moderator
Apr 3, 2006
71,512
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.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
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
 

jenniferpa

Registered User
Jun 27, 2006
39,448
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
 

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!!!!
 

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