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

Overpayment of ILF

CDV Adviser
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Nestor Financial Group Ltd

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My client received a £2000 payment from the ILF towards care for her son but the care agency reduced the bill to £1500 (I have been informed that this was as a good will gesture). I’m aware that the excess amount, less one week, may have been recovered by the ILF. As that funding has now been replaced by the local authority, can the LA demand the money be repaid to them? They are stating the reduction is a discount and not a good will gesture.

Thanks

CDV Adviser
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Nestor Financial Group Ltd

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Can anyone shed some light on this?

Thanks

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Sorry but other than pointing up Annex D of the Care and Support Statutory Guidance which covers local authority powers to seek recovery of debts, I’m simply not sure.

CDV Adviser
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Thanks Paul.

I did have a quick look at this but the paragraph “The Care Act 2014 introduces a modern legal framework for the recovery of any debts that may have accrued as a result of a local authority meeting a person’s eligible care and support needs.” got me thinking. As the care wasn’t funded by the LA, do they have the right to recover it or should the recovery be through the DWP? I’ll contact the CRU and see what they think.

Paul_Treloar_AgeUK
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Not the same situation entirely but we have seen a couple of cases whereby pre-Care Act debts have been recovered using these powers but that was in respect of social care services provided under old legislation. Haven’t really had any dealings with post-ILF cases.