My LA is currently consulting on a policy to remove the disregard of the night time care component of DLA or AA, for those who do not receive night care from the LA. This means learning disabled adults living at home who have some social care day services/support funded by the council but are cared for by family at night will be £27.45 a week worse off.
I cannot understand why there is no outcry accross the country if disabled people are paying £27.45 per week extra for the same level of day care and the family continues to provide all night care.
If anyone lives in an area where this is happening or knows anything about how the Care Act has changed charging for non residential care please get in touch.
DRUK guidance translated seesm to suggest that they shouldn’t charge if they don’t provide overnight care - so maybe this is worht checking with them the source and challenging? https://www.disabilityrightsuk.org/charging-community-care
During the consultation we have raised the DRUK information and other sources which suggest the Council can’t do this. We have asked for the legal evidence to support the new policy e.g. section & para Care Act etc etc but all council just says that they have sought legal advice and this change is within their powers plus other areas are doing the same! Carers are feeling very upset and angry because they save hundreds of thousands a year by providing care.Some families care for more than one LD/ASD adult with very high needs so they will lose nearly £55 per week. If other councils are doing this I am surprised it has not been picked up by the disability groups.