funding for social care from adults SS

Mandymull

hi, i have a query. i have a daughter who is still in school, aged 18 in three weeks, and has profound learning disabilties. She is in the support group of ESA in youth and has high rate DLA care and mobility.
have done the assessment this morning for her financial situation over the phone and have been told that CARE RATE OF DLA is taken into account by SS when working out my daughters income...so the care component and ESA are classed as income. It means my daughter will now pay towards her care as the care component is not means tested in this instance. any idea where i can find out the legal legislation fro this to be allowed. I always thought DLA WAS NOT MEANS TESTED.

andrea_louise

Hi there! I had the same problem, SS told me that only the mobility is not taken into account. This is because the care component is to help towards Care!

Mandymull

have just challenged them on this and have asked where it is written in law as i would like to read it, the answer was they dont know....so we are seeking and have got legal guidance on this....and are challenging them. Have had email back from SS and there are two discretiaonry rates that are looked at if its deemed the needs are severe of the disabled person. SO rather than the "£21.00 being paid back ot the disabled person if they are severely disabled they can have the full amonut of £24.00 I asked where was this is writing and again the answer was the same, they didnt know...waiting to hear back from ss

MrsManda

DLA isn't means tested as you can receive it regardless of other income and savings. This doesn't mean it's not counted as income when a person is being assessed other means tested benefits.

I don't know for your daughter's particular case but for care home fees and general means tested social care, social security benefits are taken as income.

Disability Living Allowance mobility component is currently disregarded as income but DLA care is when being assessed for social care because DLA care is meant to go towards a person's care needs.

Your financial assessment

Before you move into a care home, you'll have a financial assessment with your local council. The council will look at your income and capital and decide how much you may have to pay towards your care home fees.
Examples of income include:

• private and/or State Pension
• some benefits like Pension Credit, Attendance Allowance or the care component of Disability Living Allowance

http://www.direct.gov.uk/en/CaringForSomeone/CareHomes/DG_10031525

From the Health Commitee's Social Care report 2009-10:

35. People with assets below the £23,000 threshold (in 2009–10) receive public support, but are required to pay almost all of their “assessed income” in charges. All pension income (both state and private) and most social security benefits (33 The mobility component of Disability Living Allowance is excluded from the means test.) are included in the assessed income.

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmhealth/22/22.pdf

Mandymull

thanks for that Mrsmanda....BUT I am already buying in extra care privately with some of her DLA, and so am using the care componant but that is being disregarded, my duaghter needs lots of care both funded thru SS and privately....not sure where i am supposed to find the extra money from.