Personal Budget/Direct payment being clawed back by council

[Penny]

I just received a statement regarding my daughter’s direct payments. any money that doesn’t get used (and during lockdown she was not able to go anywhere or use any services or go out with her PA) is clawed back. They call it a batch load reversal and they took back over £4000.

I feel if it’s my daughter’s PB it should stay in her account. I would like to know where the money they claw back actually goes.

[Melly1]

I would like to know where the money they claw back actually goes.

Back into the council coffers ....

Melly1

[Penny]

I would like to know where the money they claw back actually goes.

Back into the council coffers ....

Melly1

For what though Melly? I think if that money is allocated to an individual as a PB then it should stay with them. They might need it in future.

[bowlingbun]

Did you give any support during lockdown?? The govt told LA's to be flexible or similar in their civic guidance. Might be worth looking at this and sending to the council rather than the money?

Maybe Michael could arrange some official CUK guidance on this subject?

[Maine]

It would be helpful if Michael did arrange some guidance on this Bowlingbun.

[susieq]

I've highlighted your posts to Michael

[Penny]

Thank you.

We did receive a letter from County Hall giving examples of what you might be able to claim for and what you couldn’t. Eg a claim for a laptop or Ipad would not be acceptable for leisure purposes but if you are using it to “keep volunteering at home” it “may meet one of the Care Act outcomes.”

Likewise a bike may help someone with mental health problems to travel to get support or training to get a job. But would not be allowed for leisure use!

Crazy because everywhere was in lockdown so not relevant.

We therefore did not put in requests for anything at all.

[Michael Carers UK]

Hello Penny.

Thanks for posting about this issue in the Forum. I have forwarded your post to colleagues in our helpline and policy teams and should be able to give you further guidance on this early next week.

With good wishes

Michael

[Penny]

Hello Penny.

Thanks for posting about this issue in the Forum. I have forwarded your post to colleagues in our helpline and policy teams and should be able to give you further guidance on this early next week.

With good wishes

Michael

Thank you Michael

[bowlingbun]

Michael,

I have a different, but related issue.
My son with SLD has lost 38 hours of care a week, as day centres have closed and I wasn't allowed to have him home.
Whilst in theory, he has a personal budget managed by the LA, which should have been allocated to other ways of meeting his needs, the LA has chosen to pay the provider who has provided nothing at all, so that the provider is still in business after the lockdown ends fully.
Please can you ask the helpline team if this is
a) lawful
b) if it reflects government guidance to use budgets "flexibly" during lockdown?

My son was getting so fed up I took him to Devon for a few days, but the LA refuses point blank to pay me to take him on holiday. I have this in writing.
Many thanks.