Copied from Disability because it garnered no response so I thought this might be a more appropriate area.


A very general query here.

A charity who deals with learning disabled people is having some issues with clients who have had their matters dealt with by a PCT that has not been dealing well with their benefits.

They are trying to take on these issues but the PCT are being very dilatory in relinquishing formal control and the DWP will not deal with them until this has been done.

In the broadest terms, how will this affect their late claims and is there going to be any way of dealing with any issues that arise?

TIA

Sat 02-May-09 11:27 AM by Gareth Morgan

I'm not having much joy here, Is it not a problem anywhere else?

Richard Drabble suggested that an Article 8 argument might apply or that PCTs might have a fiduciary duty, does anyone have any thoughts on those points?

I have come across this problem with a PCT and when the contractor for "supporting people" has changed from one organisation to another for people in "supported housing".In each case it was people with learning diffuclties.
There was also a problem with changing the person's bank account and no information being given to the DWP. In the worst case the service users had no access to any money for several months including their savings. When I finally sorted it out they then had thousands £ over the maximum limit.
In one case the "named person" had left the organisation. The named person in supported housing is often the chief executive and the process is controlled by the finance section.
With the PTC they seemed to think it was "best" for them to continue to being the appointee. I suppose because they had been doing that for years and got anxious about passing the responciblity to someone else.

Solutions - PCT - i tried by identfying the person to talk to in the PCT with the responcibility to change their mind and I explained what could happen if they didn't. Like the person making a compensation claim. I have also found it very helpful to quote the DWP guidance about appointees.

It must be a widespread problem I feel with lots of PCT's stopping to directly run and manage supported housing and care homes now.

TVM

I suppose I was hoping for a less personal solution. I've got a call in to the Welsh Health Legal Services people to see if they have any view on the issues.