Social Services stating that DLA should be used for care

I have recently either received responses to complaints that I have made, or seen the response to clients regarding the cut in, or lack of care provisions provided by Social Services.

These responses have been from a number of different Local Authorities, however the reasons for lack or cut in services are similar in one regard and seems almost to be a policy line that has been developed and I was wondering if anyone has experienced similar.

The common response is that, the client is in receipt of DLA and that this is for additional costs that arise from being disabled. Therefore, no services will be provided by Social Services, but will need to be funded privately.

Aside from the issues of blanket policies and the non-provision of certain services, Social Services are seemingly making great assumptions about how clients are using DLA. The assumption is actually that clients are not using their DLA for the cost of their disability and that the revenue is in fact an accessible source for paying for services.

What would occur if Mr or Mrs X was spending all of there DLA on the extra cost of their disability would Social Services then provide the service?

Can I ask what your experiences are?

I have not come across this personally but I do know that many local authorities, who are allowed to take their resources into account when carrying out assessments, are only agreeing to fund services for substantial or critical service user status as outlined in the FACS guidance.  In this current economic climate those classed as low or moderate will not be provided for.

And at para 53 of the guidance there is this:  “throughout the process of
assessment, people should be supported and encouraged to think creatively
about how their needs can best be met and how to achieve the fullest range of
outcomes possible within the resources available to them”.

I’ve thought a lot about this post since it was first posted.

the purpose of DLA Care is indeed to pay for one’s care.

So in what way are Social Services wrong in saying that it should be used to pay for one’s care?

I read the post as saying that if DLA is being received the LA is not paying anything additionally.

Thanks for the responses so far.  However I would have to disagree with the point made by Claire indicating that DLA is to be used to pay for care.

An award of DLA is made for the additional costs of a disability.  Even though an additionally cost could be for care, if needed, it is by no ways limited to care.  Other additional costs due to diability could be travel expenses, cost of purchasing specialist equipment, a PA or any number of other costs associated with a disability.

The issue with the example I have gievn is that the Local Authority has presumed that the client has no additional costs due to their disability and this is a leap of faith on behalf of Social Services to say the least.

I have discussed this issue with duty social workers on more than one occasion in the last couple of years, the issue in each case being in relation to a refusal for extra hours being allocated to help with shopping/housework. The social worker insisted that there was no provision within the budget for help with these activities and that the costs should be met by the client’s DLA care component. I pointed out that DLA care component is not awarded for a need for help with either housework or shopping and therefore I argued that the award shouldn’t be expected to be used to pay for these.In the case of one of my clients there was also no current payment because it was pending appeal. This arguement didn’t prove successful in either getting any extra hours allocated though.

Krissie Newton - 16 March 2011 05:37 PM

I have discussed this issue with duty social workers on more than one occasion in the last couple of years, the issue in each case being in relation to a refusal for extra hours being allocated to help with shopping/housework. The social worker insisted that there was no provision within the budget for help with these activities and that the costs should be met by the client’s DLA care component. I pointed out that DLA care component is not awarded for a need for help with either housework or shopping and therefore I argued that the award shouldn’t be expected to be used to pay for these.In the case of one of my clients there was also no current payment because it was pending appeal. This arguement didn’t prove successful in either getting any extra hours allocated though.

Such a decision sounds as though it would be susceptable to judicial review, as it’s pretty clear that it’s irrational.  Since DLA is for help only with care needs in the presence of the client, no reasonable decision maker could come to the conclusion that it should be used for help with shopping or cleaning, since it will not be awarded to people with only these needs.

I would persue a claim through the legal aid or pro bono route, if the client is willing.