We have had a query from a team supporting a lady with learning difficulties who lives in residential care (and has an assessment supporting her placement until she can be found supported independent living) who has been working voluntarily at an elderly persons' care home and has been offered a paid job there for 20 hrs per week. They want to know if she will be better off working or staying voluntary.

There seems to be a big issue about making sure she stays in the residential care home, although when I met the lady (I am a former teacher of children with severe learning difficulties) I felt that her learning difficulties seemed quite mild - as would be implied by her being offered a paid job where she is currently voluntary. I'm not sure why it is so important that she stay in the care home.

The lady concerned is in receipt of SDA & IS and apparently also Residential Care Allowance (?a very old obsolete benefit). I initially advised that she should claim WTC and return to work credit, plus her wages (128 pw gross) and would be better off at work: she would lose the SDA but would be able to claim if she were to become incapable of work again within 104 weeks. However, apparently this would mean her losing her place at the residential care home.

The support team is very insistent that she should stay at the care home and that we should be able to work out some way of her continuing to claim at least some of her benefits as well as work - they even wanted her not to claim WTC, though we advised this would be deprivation. But as far as we can see, SDA means 'unable to work' and if you work you lose it, unless it is properly arranged Permitted Work less than 16 hours pw, and the care home rules allowing you to claim IS and work over 16 hrs (CPAG Handbook p668) only apply to IS (and even then the earnings would be worked into the IS calculation).

Can anyone either support our position that this lady cannot work and also receive benefits and stay in her care home - or else suggest ways she could keep at least some of her benefits and work and stay in the home?

Many thanks.

Ken Garland
Welfare Advice Team
Soouth Gloucestershire Council

Hi Ken,
You are saying your position is that this lady cannot work and also receive benefits and stay in her care home.
What you say sounds right to me as far as how she cannot work and receive benefits – though I leave the checking of her losses of SDA and Res Care Alowance to you. But I’m interested in why her work should prevent her staying in her care home. I’m sure that many Social services depts ignore earnings when calculating non-res care charges and I think the disregard applies to Res Care too. Therefore, social services may have to pay out more for this lady if she starts work. There may be a conflict in their mind re what is better for her – ie working and earning and WTC etc – and what is better for them – ie if she keeps more benefits and they can charge against this to help fund the Res Care bill.
Robbie

Wed 09-Dec-09 11:33 AM by SimonMee

The disregard for earnings is £20.00 per week (CRAG 9.020). WTC is not disregarded by the LA for the purposes of financially assessing her (CRAG 8.006).

The local authority do have discretion to make further disregards in their financial assessment for 'less dependant residents' under CRAG 2.010 and for other residents by varying the personal expenses allowance under CRAG 5.005

Apologies for my late reply to Robbie & Simon - I have been off sick.

Many thanks for both your replies. While I was off, my senior spoke to the support team concerned and they now seem happy to accept our original advice. I'm still not sure why there was this linkage between the work and continuing in the residential care, but there may have been some concerns expressed by the family and possibly other involved parties - my senior wonders if there may be too many people involved!

Ken Garland