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Hi @Sam_Scope
Thanks for inviting me to join this conversation, however, I think the Helpline's Social Care Information Specialist @Zoe_Scope is better placed to offer advice than me, so I have copied her in.
Best wishes
Jean
Hello @littleruthie123
Sorry for the delay in responding to you but have just seen your post.
The Care Act Statutory guidance gives the following information about financial charging and disability related expenditure:
See Chapter 8 and Annex C
https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance
Chapter 8:Charging and financial assessment
“8.42 Because a person who receives care and support outside a care home will need to pay their daily living costs such as rent, food and utilities, the charging rules must ensure they have enough money to meet these costs. After charging, a person must be left with the minimum income guarantee (MIG), as set out in the Care and Support (Charging and Assessment of Resources) Regulation 2014. In addition, where a person receives benefits to meet their disability needs that do not meet the eligibility criteria for local authority care and support, the charging arrangements should ensure that they keep enough money to cover the cost of meeting these disability-related costs.”
Disability-related expenditure: Annex C
39) Where disability-related benefits are taken into account, the local authority should make an assessment and allow the person to keep enough benefit to pay for necessary disability-related expenditure to meet any needs which are not being met by the local authority.
1. (a) payment for any community alarm system
2. (b) costs of any privately arranged care services required, including respite care
3. (c) costs of any specialist items needed to meet the person’s disability needs, for example:
1. (i) Day or night care which is not being arranged by the local authority
2. (ii) specialist washing powders or laundry
3. (iii) additional costs of special dietary needs due to illness or disability (the person may be asked for permission to approach their GP in cases of doubt)
4. (iv) special clothing or footwear, for example, where this needs to be specially made; or additional wear and tear to clothing and footwear caused by disability
5. (v) additional costs of bedding, for example, because of incontinence
6. (vi) any heating costs, or metered costs of water, above the average levels for the area and housing type
7. (vii) occasioned by age, medical condition or disability
8. (viii) reasonable costs of basic garden maintenance, cleaning, or domestic help, if necessitated by the individual’s disability and not met by social services
9. (ix) purchase, maintenance, and repair of disability-related equipment, including equipment or transport needed to enter or remain in work; this may include IT costs, where necessitated by the disability; reasonable hire costs of equipment may be included, if due to waiting for supply of equipment from the local council
10. (x) personal assistance costs, including any household or other necessary costs arising for the person
11. (xi) internet access for example for blind and partially sighted people
12. (xii) other transport costs necessitated by illness or disability, including costs of transport to day centres, over and above the mobility component of DLA or PIP, if in payment and available for these costs. In some cases, it may be reasonable for a council not to take account of claimed transport costs – if, for example, a suitable, cheaper form of transport, for example, council-provided transport to day centres is available, but has not been used
13. (xiii) in other cases, it may be reasonable for a council not to allow for items where a reasonable alternative is available at lesser cost. For example, a council might adopt a policy not to allow for the private purchase cost of continence pads, where these are available from the NHS
41) The care plan may be a good starting point for considering what is necessary disability-related expenditure. However, flexibility is needed. What is disability-related expenditure should not be limited to what is necessary for care and support. For example, above average heating costs should be considered.
Many local authorities provide an average figure for DRE but this can be increased if you can evidence the extra costs.
Also see guidance from a disabled people’s organisation that gives a clear explanation of how DRE should be treated:
http://www.real.org.uk/wp-content/uploads/2017/02/Reals-guidance-on-disability-related-expenditure-12-April-2017-PDF.pdf
If your local authority refuses to allow any reasonable DRE then you can challenge them by putting in a complaint using the councils complaints process, I have spoken to other people who have successfully challenged their allocated DRE figure.
If you would like to get in touch with me at the helpline by emailing helpline@scope.org.uk I am happy to give you a call for further information.
Kind Regards,
Zoe
Social Care Information Officer
No problem, and as I said please get back in touch if you have any issues going forward.
If you have time before she rings also try to look at your councils DRE policy which should be on their website. If its not, ask your social worker for a copy.
Disability related expenditure is an amount of money that should be disregarded from a persons assessed financial contribution towards their personal budget.
So for example if a person is assessed as being able to contribute x amount towards their care costs then the DRE amount should be taken away from that figure.
Local councils should make an assessment of your disability related expenditure and allow you to keep enough benefits to meet any needs not being met by the council.
Financial assessments should generally look like:
Income - housing costs (rent, council tax and mortgage costs) - minimum income guarantee figure- DRE costs= Assessed contribution
The value must be greater than or equal to 1.
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