Financial assessment query/help please.

My daughter (SLD and on Autistic Spectrum) has just been assessed for the day services she has started to access. She is 22 years old, has just left college and lives at home, receives higher components of care and mobility DLA.

Her assessment has resulted in her being expected to pay £92 per week, which is totally unaffordable. I also don't know how they reached her 'Tariff Income - capital in excess' figure. The sums do not add up.

Why are they taking all of her ESA and the Pip Daily Living Enhanced (formerly higher care of DLA) into account when assessing her disposable income?

I am unsure of how to argue her case but I object to her being nearly £400 per month worse off. I haven't yet spoken to Adult and Community Services about this yet as I need to know details of what I'm talking about!

Any advice would be very gratefully received. And thanks in advance.

Caroline wrote: My daughter (SLD and on Autistic Spectrum) has just been assessed for the day services she has started to access. She is 22 years old, has just left college and lives at home, receives higher components of care and mobility DLA.

Her assessment has resulted in her being expected to pay £92 per week, which is totally unaffordable. I also don't know how they reached her 'Tariff Income - capital in excess' figure. The sums do not add up.

Why are they taking all of her ESA and the Pip Daily Living Enhanced (formerly higher care of DLA) into account when assessing her disposable income?

I am unsure of how to argue her case but I object to her being nearly £400 per month worse off. I haven't yet spoken to Adult and Community Services about this yet as I need to know details of what I'm talking about!

Any advice would be very gratefully received. And thanks in advance.

Caroline

The assessment when a service user had Higher rate DLA Care only their middle rate of DLA was taken into account because DLA specified that Middle rate was for Night or Day care only depending on the needs of the claimant. Higher rate DLA was for both day and night so if the care provision for day only the element for night time care could;d not be taken into account.

PIP does not differentiate between night and day so some councils are taking the whole amount into their reckon.

As Gordon said seek advice rpon your local welfare rights provider and challenge the decision about taking all the PIP Care.

bill

Caroline

this thread from the Rightsnet forum may give a clearer picture of the law

www.rightsnet.org.uk/forums/viewthread/10048/#45923

the last post lists what benefits can be taken into account but also gives some information on disregarding any money needed to meet disability costs not covered by Local authority care.
bill