I have a client that has been in a dispute and refused to make any payment towards care charges to the council since entering residential care some time ago and so he has a large debt that built up over time.

As his benefits continue to be in payment his bank balance increased above the upper capital limit. The result of this is that he is to be charged the full cost of his care. Had he paid something towards the charges this would probably not have happened.

After reading parts of the Charging for Residential Accommodation Guidelines I can see nothing that allows the debt to be offset against the bank balance. Can anyone direct me to something or guide me to anything similar within other legislation such as I.S. that I could raise as a way forward for him.

thanks

The only thing I can think of is that the client could argue that he is holding the money on trust for the LA, or that he does not have the beneficial interest.

However, I would only consider such an argument if there was a genuine and arguable case for with-holding the money in the first place (other than "I don't think it's fair", etc). The argument might carry greater weight if he has been putting the money into another account to seperate it out from his own money.

I don’t think he’s got a leg to stand on to be quite honest. He clearly owes the LA money (on the proviso that he’s been assessed properly and as Tony says there is no trust) and it can sue for it in the county court.

You mention offset. The LA can apply to the court for a garnishee order to seize the money in his account to offset the amount owed, so he might want to get his money out of there smartish.