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Third party top-up for Non-residential services
I have a client who attends a local authority day centre and wants to attend a second day. She feels that the work that is being done there is helping her maintain her mobility and independence and therefore postponing the day when she will need more expensive services from her local authority. She has been through the assessment process and has been presented with a personal budget which falls about £30 short of the ammount needed for her second day. Her husband is willing to top up the budget so she can attend but has been told that he is not allowed to do that.
Is that correct? I have looked at the local authorities policy for charging and can find no mention either way (nor can I find it mentioned in any DoH guidance on non-residential services). I am aware that CRAG allows third party top-ups for residential care and has a whole section dedicated to how these should be treated but what is the situation with non-residential care? Is there any legal bar to such a top-up and if so can I have chapter and verse please?
PS used to use rightsnet a lot in a previous existance so it is really good to be back. I am sure that you are all as knowledgeable as you were in the past and this question will be a piece of cake.
As long as there is an assessed need for a second day how she funds it is not, from a legal point of view, the LA’s concern.
Thats what I would have thought but the powers that be are saying he is not allowed to. Do you have any legislation to quote at them to say he can or is it one of those horrible vague areas.
This is broadly correct - you can’t use a direct payment to buy services provided by a Local Authority.
If the budget was half personal care and half day care (local authority) and the personal care was being provided by an agency then they would be allowed to move money across to top up the personal care.
The guidance you seek is at:
Thanks, I will plough my way through the Guidance!
It does seem to fly in the face of both Government and our Local Authorities publicity if you can’t buy the services you want. Locally there is nowhere else that can provide the help she gets at the LA centre. Where is the empowerment and choice people were promised?