Direct Payments

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Lorraine9
Lorraine9 Online Community Member Posts: 4 Listener
edited October 2021 in Benefits and income
Hi - would be interested to hear from anyone else who has experience of managing their own Direct Payments and the issues of managing social care departments. We live in a borough with very poor to no activity provision for young people with learning disabilities and I have found my son (27) with some very good provision in the next borough. However I am not allowed to use his DP to provide a taxi to take him there despite statutory guidance.

"The Department of Health Care and Support Statutory guidance states in point 12.34 "The direct payment is designed to be used flexibly and innovatively and there should be no unreasonable restriction placed on the use of the payment, as long as it is being used to meet eligible care and support needs.” 
https://www.gov.uk/guidance/care-and-support-statutory-guidance

How are disabled people supposed to live their lives if social care are constantly working to undermine the Care Act and re-interprete in their own interests - which clearly are not those of the people they are supposed to be serving. It is beyond depressing.

Comments

  • Aaron
    Aaron Online Community Member Posts: 2 Listener
    Hi. I've written an ebook about Autism. It's very interesting.
  • Lorraine9
    Lorraine9 Online Community Member Posts: 4 Listener
    Hi Aaron - do you have a link to it.
  • JennysDad
    JennysDad Online Community Member Posts: 2,290 Championing
    Hello (again) @Lorraine9 and thank you for an interesting post. I don't have answers to your particular questions but I am sure there will be members here who do. Things may be a little quiet on account of its being Sunday, but bear with us and more friends will get back to you :smile:
    Hope you're having a tolerably good day.
    Very warmest best wishes to you,
    Richard
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,761 Championing
    Hi @Angela_Scope/ @Zoe_Scope, please can you advise? 
  • whistles
    whistles Online Community Member Posts: 2,049 Championing
    Is he claiming any benefits? The taxi could come out of the pip mobility.

    My DP is for accommodation.
    My understanding is this is for care and support, not how you get there to receive that support.
    So you would fund the transport?
  • [Deleted User]
    [Deleted User] Posts: 21 Listener

    Lorraine9  

    See information from Luke Clements website (a leading professor of Law and a solicitor), that you may find helpful in arguing transport costs should be covered in sons personal budget:

    Transport to Social Care Services

    http://www.lukeclements.co.uk/resources/transport-to-social-care-services/ .

    I'm not sure if you have already gone down the formal complaint route, but if not may be worth considering?

    Best Wishes,

    Zoe

    Scope helpline    

  • whistles
    whistles Online Community Member Posts: 2,049 Championing
    That's a really interesting article.
    I been billed and still get billed. 

  • Lorraine9
    Lorraine9 Online Community Member Posts: 4 Listener
    Thanks for all your responses. Social Care have finally accepted that my son needs a taxi to access day provision as he can't travel independently and that he can use his DP payments to fund this. However it has taken six weeks ( which I know isn't long in terms of tussles with social care) which has impacted on my ability to work and on his well being and ability to access a social network.  Best Wishes to all.
  • [Deleted User]
    [Deleted User] Posts: 21 Listener

    I'm sorry that it took so long to get this sorted, and the impact that it had on your family. But fantastic news that you successfully challenged the LA and got the correct outcome. People are often told to use the mobility element of  PIP for transport related to an eligible social care need, your sons case highlights it is worth challenging LA's when they make those type of statements.


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