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

Backdated IBESA awards leading to community care charge refunds

Ken Butler
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Disability Rights UK

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Total Posts: 229

Joined: 16 June 2010

Hi,

The following appeared in yesterday’s Guardian –

https://www.theguardian.com/society/2020/feb/15/disabled-and-ill-benefit-claimants-overcharged-for-care-due-to-dwp-error

I’m hoping that forum users might help me think though the implications of who might be due a social care charge refund thanks to being awarded IBESA.

Would a refund only be possible if the person receiving IBESA is awarded the enhanced disability premium or, in perhaps fewer cases, the carers premium?

The DHSC “Social care – charging for care and support” Guidance says that –

“Where the adult concerned is a single person who is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of -
• disability premium;
• enhanced disability premium;

Where the adult concerned is a member of a couple and one member of that couple is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of -
• disability premium;
• enhanced disability premium;

Where the adult concerned is in receipt of, or the local authority considers would, if in receipt of income support be in receipt of, carer premium.”

IBESA doesn’t contain the disability premium.

So would a refund only be possible if the person receiving IBESA has been awarded the enhanced disability premium or, in perhaps fewer cases, the carers premium?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I’d assume they’re using their discretion here because on a strict reading of the regulations, I can’t see any other way to do this.

Reg.75) of Care and Support (Charging and Assessment of Resources) Regulations 2014 holds that:

(5) Where the adult concerned is a single person who is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of—

(a)disability premium, the amount of the applicable premium is £39.85;
(b)enhanced disability premium, the amount of the applicable premium is £19.45.

There is still provision in the IS Regs for a disability premium to be awarded, but it’s pretty convoluted and isn’t affected by having LCWRA for ESA.

Similarly, the EDP is payable with IS if you’re receiving qualifying disability benefits.

So I’m assuming they are using the discretion built into the wording “the local authority considers would, if in receipt of income support be in receipt of…” As such, you could argue that both extra amounts should potentially be backdated.

Ken Butler
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Disability Rights UK

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Total Posts: 229

Joined: 16 June 2010

Hi Paul,

Thanks a lot for this.

I can see clearly now.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Total Posts: 3196

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No worries Ken, if you find out anything else about this, please do let as know as we’d be interested for obvious reasons.

Ken Butler
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Disability Rights UK

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Total Posts: 229

Joined: 16 June 2010

No problem Paul.

Will keep you posted.