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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Residential Care Personal Expenses Allowance 2012

keith
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Principal WRO - Northumberland County Council

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The Benefits uprating legislation and recent DWP guidance both indicate that the PEA has increased to £23.25. The DH Local Authority circular hasn’t been published on the DH website yet but it seems that a draft version has been circulated around NAFAO (National Association of Financial Assessment Officers) indicating the PEA as £23.50. A quick search shows many organisations and LAs are publicising the PEA as £23.50 so am I alone, and possibly wrong, in following the legislation?

http://www.legislation.gov.uk/uksi/2012/819/regulation/5/made

http://www.dwp.gov.uk/docs/m-16-12.pdf

Any thoughts?

Keith

keith
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Principal WRO - Northumberland County Council

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I’ve just found the DH circular. There wasn’t a link on the circulars page…
http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_133038.pdf

It goes with £23.50.

Shaun Kelly
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Welfare benefits group - Leeds City Council

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Hi Keith

As ever the regulations were last minute but you were looking at deductions from social security benefits.  The regulation for personal expenses allowance are The National assistance (Sums for Personal Requirements) Amendment (England) Regulations 2012/663.

Shaun

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Ignore my last post.  It seems as though I’ve suddenly lost the ability to read.

keith
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Principal WRO - Northumberland County Council

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Shaun and nevip, thanks for the pointers to the National Assistance amendment legislation.

nevip, it is Friday 13th…

cheers, Keith

Gareth Morgan
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CEO, Ferret, Cardiff

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Gary Vaux
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Money Advice Unit, Herts County Council, Stevenage

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CRAG is inconsistent too and refers to both (pages 81 and 121)  which is not very helpful! I’ve seen (but cant find) a justification which says that the increase was due to be 65p per week but was actually 90p because of the above-inflation increase in pensions. Whatever the reason, it may have caught out a lot of people out who have printed their benefit rate cards! And of course - dont forget that the PEA is £24 in Wales anyway.

Gareth Morgan
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CEO, Ferret, Cardiff

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The justification is in the (2012)1 circular.

“This is larger than the usual formula increase (90p per week rather than 65p per week). This is because DWP is making a number of significant increases to benefits from April 2012. For example, basic state pension will increase by 5.2%.”

It goes on to say

“These changes should result in a gain for councils in income from charging.”

keith
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Principal WRO - Northumberland County Council

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So, after a couple of years of SRP increases greater than other benefits, the Government decides to mess about with PEA
in the year when it rises at the same rate.
And yes, I am bitter because our rate card was based on the Social Security legislation!                                                                                                                                                                                                                                                                                                                              !