Care Assessment and Attendance Allowance

245

Comments

  • lisyloo
    lisyloo Posts: 29,609 Forumite
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    But the point I raised was how far would the council go if the DWP refused to give an award or only made an award at the lower rate when the council thinks it should have been at the higher rate. Will they actually force the applicant to appeal and go to a Tribunal?

    I don't actually know but I think this would be very unlikely.
    Councils are not in a position to judge people's personal care needs, so I doubt they'd even start to dispute any decision unless it was a blatant administrative error like two cases mixed up.
  • Danday
    Danday Posts: 436 Forumite
    Greed has nothing to do with it, it is all about the squeeze on available funds.

    That may well be the case. But to relieve that squeeze, I do not believe it right that the Council should 'force' claimants to make benefit claims so that any award can be handed over to them. Why should claimants have to be put through having to complete the forms, attend an assessment etc when at the end of that day they are don't actually receive anything in return?
  • Danday
    Danday Posts: 436 Forumite
    lisyloo wrote: »
    I can't comment on your personal experience and I'm sorry if it was bad for you, but if you want help from the state then I think they are entitled to establish what you are entitled to. Filling out forms and gathering evidence I can't see a problem with or properly and dignified assesments.
    If you had a bad experience then that doesn't mean the principle of making sure people qualify is wrong n theory.

    Have you considered getting help, there are volunteers who can help with this.

    We have been lucky without our social workers in that they know and understand that some people under-report. They also spoke to the family to get a full picture. In our case mum would complain about everything and Dad nothing.

    I am sure they do ask the government for more money frequently.
    I am again sorry if you had a bad experience but there is absolutely nothing wrong with assesesing what people need and what people are entitled to. Do you simply expect them to pay out to everyone that asks for it without question? It's pretty obvious that cannot happen. Every time we have asked for help it has been INCREASED and they have been very helpful because they KNOW that care at home is cheaper than a nursing home which is cheaper than hospital so ours are keen to help.

    I would suggest you try to find help from a volunteer if you have no suitable family of friends. Age concern might be a good place to start.

    I think that you may have missed the point of what I am replying to. I agree entirely with you as regards seeking help etc, if in making that claim the claimant would receive some extra money. To make the claim simply and only so that the Council can have it for themselves is, in my opinion, wrong.
  • Danday
    Danday Posts: 436 Forumite
    lisyloo wrote: »
    I don't actually know but I think this would be very unlikely.
    Councils are not in a position to judge people's personal care needs, so I doubt they'd even start to dispute any decision unless it was a blatant administrative error like two cases mixed up.

    In which case there is no incentive for the claimant to even attempt to put in a half decent claim.
  • Nannytone
    Nannytone Posts: 501 Forumite
    First Anniversary First Post
    You are missing the point.
    Social care is paid from council tax where is DLA Pip and a a I paid by the if you claim the benefit and make a contribution to the council for that support then you are saving money in your local area that could be spent on other things

    I receive funding for my local council and even return I have to contribute 75% of my DLA care award.

    Do I jump up and down or do I just appreciate the care I received that would cost far and away beyond the contribution I make.

    I think it's really selfish to accept the services and then feel a fronted because you're expected to pay towards them.
    You aren't the only person that has needs and money is tight so do the right thing and climb what you're entitled to instead of having a hissy fit about having to put yourself out
  • elsien
    elsien Posts: 32,680 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 17 March 2018 at 6:01PM
    lisyloo wrote: »

    I am not an expert but to get this (very difficult) his primary needs have to be medical.
    As the suggestion is that he's taken care of by carers (and presumably your MIL) then it doesn't sound like his primary needs are medical as carers cannot carry out medical tasks (like intravenous drips, injections etc.). If his needs were medical he'd have to be in hospital or a nursing home. NHS do not fund "personal" care which sounds like what he is getting.

    I agree with most of what you have said. However CHC should still consider care at home as an option with nursing care (such as district nurses) going in. For most people the level of care needed isn't practicable to do this. But care at home shouldn't automatically be ruled out, although nursing homes do tend to be the default option.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Danday
    Danday Posts: 436 Forumite
    Nannytone wrote: »
    You are missing the point.
    Social care is paid from council tax where is DLA Pip and a a I paid by the if you claim the benefit and make a contribution to the council for that support then you are saving money in your local area that could be spent on other things

    I receive funding for my local council and even return I have to contribute 75% of my DLA care award.

    Do I jump up and down or do I just appreciate the care I received that would cost far and away beyond the contribution I make.

    I think it's really selfish to accept the services and then feel a fronted because you're expected to pay towards them.
    You aren't the only person that has needs and money is tight so do the right thing and climb what you're entitled to instead of having a hissy fit about having to put yourself out

    Of course I am aware as to who pays what. You seem to forget that the government also contributes to the councils to provide for care. I do accept your point that every penny saved by the council could be used on other things. So the argument surely is that the government should contribute more to the councils in the first place and not expect the poor patient to go through the back door and climb through hoops to get a better deal for the council.
    None of this is the fault of the patient so why should the patient be told to rectify the failings of the government?
    Look to yourself what do you think would happen if you had not been awarded DLA? Your care package would remain the same. The only difference would be that they council could not take anything off you finacially.
    But are you actually paying for something? Are you not in fact being the middle man in all of this? The DLA is your money yes, and you hand a large proportion of it to the council. It would be different if the council were asking you to give them the equivalent amount out of your savings or pension.Then yes that IS your money.
  • Keep_pedalling
    Keep_pedalling Posts: 16,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    edited 18 March 2018 at 8:42PM
    Danday wrote: »
    That may well be the case. But to relieve that squeeze, I do not believe it right that the Council should 'force' claimants to make benefit claims so that any award can be handed over to them. Why should claimants have to be put through having to complete the forms, attend an assessment etc when at the end of that day they are don't actually receive anything in return?

    Although they do not benefit from extra income it does reduce the amount savings that are being used up each month, so it would be silly not to apply for it.
  • Danday
    Danday Posts: 436 Forumite
    edited 19 March 2018 at 12:51AM
    Although they do not benefit from extra income it does reduce the amount savings that are being used up each month, so it would be silly not to apply for it.
    Sorry but I don't understand that? What savings?
    At the end of the day this is all about how can councils rake a bit more money in - be it car parking charges or anything else. In this case they have dreamt up a scheme that will enable them to get more money from the government through the back door by forcing the public to make a claim for benefits that will then be handed to the council. No consideration is being given to the public in this - the councils are saying - you want a care package - claim benefits for us. I doubt very much that this is in fact actually legal.
    I do wonder if they have the right to refuse paying for a care package if the claimant refuses to make so a claim despite what the council is threatening.

    Personally I don't care what the councils do, what I would say is that they should look to themselves first, the salaries, expenses etc that are paid to the senior staff and councillors.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    Attendance Allowance is a very useful benefit because it is non-taxable and non-means-testable. It should therefore not be included in an income assessment.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
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