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Direct Payments

SystemSystem Posts: 519

Scope community team

This discussion was created from comments split from: Hi, my name is Leander!.

Replies

  • LeanderLeander Member Posts: 6 Listener
    Hi Alex

    has anyone had any difficulty with their local council Direct Payments?
  • AlexAlex Scope Posts: 1,324 Pioneering
    Hi @Leander,

    What problem are you having with them?
  • LeanderLeander Member Posts: 6 Listener
    I was in receipt of Direct Payments and they have taken it off me because of the following reasons

    i don't meet national eligibility criteria
    i was paying my partner as a carer
    because I am in receipt of pip
    Hope this helps.  
    My appeal has been declined. I think it's my fault
  • kennykenny Member Posts: 77 Courageous
    Your partner should be claiming carers allowance not you paying from direct payments
  • LeanderLeander Member Posts: 6 Listener
    Hi Kenny

    My partner works full time so he can't claim careers allowance.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Leander,

    Scope have put your post in the 'ask a benefits advisor' group, but I'm afraid this is not within the remit of benefits specialists, what you need is a Community Care specialist, of which there are many across the UK who would be glad to have a look at this for you.

    From my scanty knowledge of the area, I do not believe that there is a strict 'national criteria' I believe that it is based on the needs assessment the Local Authority make, which should be holistic. It is indeed not the norm however for Direct Payments to be paid to partners, so this may be where you come unstuck.

    CAB have some information on their website  https://www.citizensadvice.org.uk/wales/family/looking-after-people/direct-payments-w/

    I would recommend getting this checked out by a Community Care specialist. If you go to 'find a legal adviser' and search by specialist are in Community Care it should show ones local to you https://www.gov.uk/find-a-legal-adviser  or if not, try your local CAB or law centre.

    Hope this helps.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • LeanderLeander Member Posts: 6 Listener
    Thank you very much Mary
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Leander,

    As Mary says, we don't know the law on direct payments so I'd recommend getting advice from elsewhere - you could consult Carers UK, for example.

    Are you in Wales? (I only ask because my colleague has directed you to advice pages for Wales). If you use the Citizens Advice site you should be fine, but do use the pages for the area of the country where you live (England, Wales, Scotland or N Ireland).

    I can only tell you that the Disability Rights Handbook says the following  - that you cannot normally get direct payments for services from your partner or a close relative who lives in your household, 'unless the local authority considers that it is necessary'. But you can pay a close relative in your household to provide management or admin support for your direct payment.

    Another source of advice suggested by the handbook is the Disability Rights Uk personal budgets helpline. They are on 0300 555 1525 or [email protected] 

    I've just checked and the service does seem to still be available. I hope they can help you.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • bubblybubbly Scope Volunteer Posts: 26 Connected
    Hi @Leander
    the criteria for getting social care support are national-if you need support to achieve 3 of the outcomes detailed in the care act. If you do need support then you should be offered the support as a direct payment (there are a few circumstances where your local authority does not have to, but these are few and far between)
    your entitlement should not be affected by your PIP claim.
    you are only able to pay a close relative with who you live in very exceptional circumstances-this would need to be discussed and agreed with your local authority.

    hope that helps
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