Universal credits in Scotland and Self Directed support.

Anyone in Scotland here who gets Self Directed Support for a disabled child and is in Universal Credits?

We have a disabled child and she has a Self Direct Support budget of 15k per year until she is 18 years old. Which means that there is a All Pay bank card in my name for her.  It is a "local council all pay account" a prepaid card, a Mastercard, used for direct payments in local government services, particularly social care or other approved uses for care and disabilty needs. It allows for a specific and monitored use of funds for approved purposes, such as care and support.

The local council Children's disabilities social work Team outlined only very specific things this money can be spent on each year and any under spend goes straight back to the council.

For example:

8k per year for (name of care service) to provide 15 hours of respite per week.

2k per year for 1/1 arts and crafts for Autistic children

£30 per week for trampoline activity.

£30 per week for 1/1 swimming lessons for Autistic children.

A one off direct payment reimbursement into my main bank account of agreed and approved amount by council of £300 for sensory light tunnel which I have already paid for already using my own funds.

One off direct payment of £300 direct payment into my main bank account towards the up coming cost of sensory modules yet to be paid for by myself.

Etc...

However, I am confused as I have read something about local welfare funds only being disregarded for 12 months? But what about the above situation?

The Universal Credit (Local Welfare Provision Disregard) (Amendment) Regulations 2022

(3) In Schedule 10 (capital to be disregarded), after paragraph 18(4), insert— “18A. A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.”.

This disregard will apply to such a payment for the period of 12 months from the date the payment is received.

Comments

  • CosmoChic
    CosmoChic Posts: 87 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    I'd like to help you but I don't really understand the question.  Is it about the £300 you spent, and will have reimbursed?  Or is it about the pre-paid card from which the funds have to be used within 12 months of it being provided?

  • blackstar
    blackstar Posts: 566 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks.

    It's about if SDS gives us a direct payment into our own account which we have yet to use to purchase the agreee equipment for and that in-between time it should not be considered as capital correct. Ie before we purchase said item but after SDS have made that payment into our account?

    Also I did find this but not sure if SDS falls under this also I am not sure if this refers to welfare payments as it also mentions  payments received in the last 12 months, so sounds like it's only disregarded for up to 12 months which can not apply to SDS. If the 12 months disregard is applied hopefully this does not cover SDS? What do you think? SDS isn't a welfare payment as far as I know?

    16. A payment made within the past 12 months under Part 8 of the Contributions and Benefits Act (the social fund).

    17.—(1) A payment made within the past 12 months by or on behalf of a local authority—

    (a)under section 17, 23B, 23C or 24A of the Children Act 1989 M3, section 12 of the Social Work (Scotland) Act 1968 M4 [F1, section 29 or 30 of the Children (Scotland) Act 1995 or section 37, 38, 109, 110, 114 or 115 of the Social Services and Well-being (Wales) Act 2014]; or

    (b)under any other enactment in order to meet a person's welfare needs related to old age or disability, other than living expenses.

    (2) In sub-paragraph (1) “living expenses” has the meaning in regulation 66(2).



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