Direct Payments Miscalculation

BIlco25

Hello,

I have a friend who is registered blind and applied for direct payments last year. When the council did the financial assessment, my friend was completely transparent in regards of their income and provided bank statements etc. However, the council miscalculated things. They told my friend that they were entitled to direct payments, but months later, stopped the payments. When my friend contacted them to enquire why the payments had stopped, the council said that they had missed the daily living component of PIP off their financial assessment, and that actually, they weren't entitled to direct payments.

The council are now making my friend pay back the £1800 they paid in Direct Payments, all of which did go on a support worker. My friend has the invoices to prove that the funds were spent on the support worker, and has given these to the council.

I did a FOI request, and there are many, many internal emails admitting fault from the council for miscalculating it. Multiple emails saying "I didn't include PIP in the FA and don't know why".

I'm just wondering if there is any case law I can use to argue things in favour of my friend. My friend is on low income and gets means-tested benefits, and is now having to repay the Direct Payments as well as having to keep paying for a support worker.

My friend was sent the Direct Payments calculation, but as my friend didn't know that PIP should be included, and as they had told the council they receive PIP, they assumed it wasn't on the calculation as it isn't counted as income. I don't feel that a layman would necessarily know that the PIP daily living component is included. To add to this, it was difficult for my friend to read the calculation anyway as they are completely blind and use a screen reader. The financial calculation was in a table on a word document, and their screen reader isn't brilliant at dictating information in tables; it will do it, but it isn't easy to navigate. The council wouldn't send correspondence in braille, which would have been easier for my friend to read.

I've tried researching relevant case law in regards to Direct Payments and official error, but I'm struggling to find anything.

Is anyone able to signpost to this?

Thank you in advance!

Kimi87

Try a trained local advisor:

https://advicefinder.turn2us.org.uk/

mix_dage

Hi @BIlco25

Follow complaints procedure for your local authority, outlined below

How to complain about a financial assessment

If you don't agree with the results of your financial assessment or how it was done, you have the right to complain.

First complain to your local council. Your council should have a formal complaints procedure on its website.

If you're not happy with the way the council handles your complaint, you can take it to the local government and social care ombudsman.

An ombudsman is an independent person who's been appointed to look into complaints about organisations.

Plus check your friend is/was aware of disability related expenses in regards to the financial assessment as these can be offset.

https://www.carersuk.org/help-and-advice/financial-support/benefits-if-you-are-disabled-ill-or-injured/disability-related-expenses/