Sun Jul 12, 2020 7:13 pm
Hi Penny,Penny wrote: ↑Sat Jul 11, 2020 5:25 pmThank you MichaelMichael Carers UK wrote: ↑Fri Jul 10, 2020 11:17 amHello 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
Hope you are well.
As promised, please find a response from our helpline adviser regarding your situation. If you have any further questions, please do not hesitate to contact our helpline on 0800 808 7777 or advice@carersuk.org
Wishing you all the best,
Lizzie
Dear Penny,
Thanks for your message about your daughter's direct payments.
Local authorities can usually take back a certain amount of direct payments that is not used in the account. However, taking back £4,000 is quite excessive especially during Covid-19 where you were not able to spend the money for services.
We advise that you ask for two polices the local authority may have, one of them being their policy on direct payments as this will state how much they can claw back if payments are not used. The second being their policy on their response to Covid-19. Hopefully there is a section in there about direct payments as there have been a few changes to direct payments during the outbreak.
When they do ask for money back the money does go back to the finance team and back into their main account.
If they do continue to ask for this money back, you can challenge their decision by making a formal complaint. Your complaint should highlight the point that you were never informed that they could claw back money that has not been used, and secondly, during Covid-19 it has understandably been difficult to use the money as all services had shut down. You can explain it is your intention to use this money when restrictions start to ease again.
Lastly, councils should take into account a person's fluctuating needs. For example, someone may have more needs one month than the other because of how their condition affects them. If this applies to your daughter then please do explain this in your complaint.
If you do have any further questions please do let us know.
Best wishes,
Carers UK