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UPDATED 11th JANUARY 2012
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In Rotherham, 213 carers of very profoundly disabled adults on income support that need constant care are upset and angry at their local council. They are being financially abused on charges for respite care. Originally the charges for respite care were very small and in some cases the service was provided free.
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Recently and rather suddenly the council started, WITHOUT CONSULTATION AGAINST COUNCIL GUIDELINES charging between £40 and £100 per week for respite care which has upset many carers. Those carers would like to thank Rotherham Councillor Peter Thirlwall for all the support he has always given them as more and more services have been cut. He encouraged me to set up my website and pass on my knowledge to all the countries carers on their rights under Community Care Law.
The Rotherham director on over £100,000 a year to sanction billing 213 carers up to a £100 a week for respite charges without consultation is heartless. Those charges are unlawful on disabled adults on income support who cost up to £3000 a week in care as all their benefits are used up and when the carer has to pay Community Care Law has been breached on two counts as the carer must never pay. I advise all those 213 carers not to pay those charges and seek full time care. This is your right there is no compulsion to care.
This is not only happening in Rotherham, but by councils all over the country. Carers are expected to pay for these extra charges. Carers are unlawfully paying millions that they shouldn’t. This is financial abuse. Prove to the council guided by this website that your disabled adults benefits are used up Under Community Care Law the carer should not pay the charges they should be free. Give the council an ultimatum tell them to withdraw the charge as you can no longer afford to look after your disabled adult at home or provide and pay for a full time care place The council must provide this care free when the disabled adult is on income support.
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Under section 17 of the Hassassa Act 1983 and the Fairer Charging Policy April 2003 clearly states councils are acting unlawfully when the carer pays the charges when the disabled adults benefits are used up. councils are acting unlawfully when charges given to disabled adults on income support brings their income below their basic benefits + income support plus a buffer of 25%. as all charges must be paid by the disabled person and never by the carer. Transport charges to day centres must be paid out of the mobility component of their DLA. When all their mobility allowance is used up on a mobility vehicle the charge must be free. Councils breach all three of those under Community Care Law. Carers are unlawfully paying out millions that they should not be paying. If you have a mobility vehicle for your disabled adult REFUSE TO PAY Council transport charges you have no mobility allowance to pay it.
Thousands of carers throughout the UK who have a mobility vehicle for their disabled adult using up all their Mobility Component of their DLA are unlawfully being charged by their Council for transport of £5 to £10 a week to take their disabled adult to day centres and other activities this breaches Community Care Law as the charge must come out of their Mobility Allowance that has been already been used up. Don’t pay it and ask for repayment of all the money you have paid over the years you have had a vehicle
-Councils nationwide are doing assessments of the disabled adults, without taking any regard as to their ability to pay, which is leading to thousands of carers wrongly facing bills of up to £100 per week for respite. Because in most cases all of the disabled person’s benefits have been used up. You can also get this website by entering—– Community Care Law and respite care charging——– or by entering ——Should carers retire at 60
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A disabled person in a nursing home will cost an average of £550 per week. A profoundly disabled adult on income support with special needs who uses respite costs between £1400 to £2000 per week. Their disability related expenditure is colossal. Carers save the country 100 billion pounds a year that is as much money as they spend on the National Health Service. Those 50,000 carers each save the country one million pounds after 12 years of caring making them caring millionaire
Cost of disabled adult on income support with special needs in Council full time care is up to £2000 a week. Disabled benefits given to care is a pittance of £200 a week only 10%. Out of this sum over £50 used for a mobility vehicle to get them out. the £15 petrol used for them to be driven about is paid by the carer. £5 + unlawful charge for day centre transport paid by the carer £20. £71 – 40 DLA £35 – 70 contribution to Independent Living Fund help. 12 Washes and pre washes for doubly incontinence £2 a wash 50 drying £30 Replace one soiled garment a week £10 carer faces paying over £4 to this plus all collossal disability related expenditure incurred. £78 to live in benefit plus income support £28 in meals drinks and transport to day centre each week leaves £50 to pay for food drink and all other costs. How can a carer on 10% benefits of full time care costs afford Council charges. They can’t, The Government know this, the Councils know this, Carers Organisations know this, Community Care Lawyers know this, nationwidecarers know this, now you know this. Don’t pay it! Use full time care.
The minimum requirement carers must have supported by Mencap, Carers UK, Carers ( Scotland ) Coalition of Charges and Nationwide Carers. THERE MUST BE AN AUTOMATIC EXEMPTION FROM COMMUNITY CARE CHARGES FOR ANY DISABLED ADULT WHO IS IN RECEIPT OF INCOME SUPPORT INCLUDING CHARGES FOR RESPITE CARE OR COUNCILS WILL FACE FULL TIME CARE.
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The average basic benefit plus income support for a disabled person is £78 per week. And their average cost of a meal at home is £3 (Rotherham Day Centre meals are £4.20)
Day cente charges £28 5 meals at £4 – 20 = £21 drinks £2 Transport £5 = £78 – £28 = £50 to live on.
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3 meals a day at home 21 – 5 = 16 meals a week to include snacks at only £3 = £48
You are left with £ 2 to pay:
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£8 a week for drinks,
£25 for their share of the rent or board,
£6 council tax,
£10 gas and electric bills,
£2 water rates,
£2 telephone bills,
£2 house insurance,
£1 TV licence.
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A carer is left £50 to £60 out of pocket a week, but the councils still want to charge up to £100 per week for respite costs. Carers only need to pay £1 out of pocket per week to breach Community Care Law. Carers should not pay all charges must be paid by the disabled adult.
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Community care law states that if the disabled person cannot afford to pay the bill, council services MUST BE FREE
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Tens of thousands of carers throughout the country are wrongly being charged for respite when the charges should be paid by the disabled adults on income support whom they care for. There is loopholes in the Crags legislation you could drive a Boeing 707 through. I believe most councils throughout the country are failing to comply with the law.
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According to leading community care lawyers they state under this definition only the disabled individual is liable for the charges not the carer.
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We strongly advise that any carer who is currently facing charges for respite services should immediately contact the local council to remind them of this. If the local authority continue to charge the carers for the service we strongly advise that they seek legal advice. NEVER CANCEL YOUR RESPITE
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Anyone who has had to cancel their respite because you can’t afford it. Find paying the charges causing hardships to you and your family or social care cuts are affecting you, e-mail
rossannatrudgian@mencap.org.uk
with your story and support for my carers campaign. Together we can stop people on income support paying council charges for respite care Write to your local council. If that fails use full time care. Don’t care in poverty.
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FORWARD THIS E – MAIL – ADDRESS TO ALL CARERS
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I have been a carer from Rotherham for nearly 40 years and like millions of others I am a full time carer. My daughter needs round the clock care from two carers she would cost £2100 A WEEK £110,000 A YEAR in council care My wife and I have saved this country over 3 ½ million pounds after deducting benefits.
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Full time caring for a mentally disabled person with a severe physical disability who needs constant care from the cradle to the grave, their disability related expenditure costs are colossal .
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Firstly most carers cannot work, so financially this could cost you over a million pounds in lost earnings.
There is no minimum wage for caring, you care for nothing. If you fit the criteria you may be able to get Carers Allowance, less than 35p an hour which stops when you receive your retirement pension, but the caring doesn’t stop. So consider full time care.
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There is no retirement for carers.
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A carer can not be sick. You continue to work 24 /7. Holidays for some is a luxury that many can’t afford.
Tens of thousands of carers are paying up to £60 a week, £3000 a year of their own money to look after their loved ones at home. The reason for this is that disability benefits for the most disabled on income support, who would cost £1200 to £2000 a week are not fit for the 21st century £2000 in care £200 in benefits. When the disabled adults benefits are used up refuse to pay Council charges including respite charges
Now greedy councils are at it again asking profoundly disabled adults to pay all of their basic benefits and income support (between £50 and £100) when they go into respite, to give the carers a break. As stated above as all their benefits have gone, the bill has to be paid by the carer, this is unlawful. Carers could as an option consider giving their local council a wake up call by asking them to show you places available for their full time care.
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Carers give 168 hours of care for nothing. They are definitely not going to pay for the privilege! Never stop the respite! but refuse to pay if your disabled adults benefits are used up. How can any carer on £200 benefits pay charges looking after a disabled adult who costs £2000 a week in care. Your free care at minimum wage would be over £1000 a week
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Councils don’t seem to realise that all charges by law must be paid by the disabled person not the carer who are already out of pocket by up to £60 a week. Tell the council the only way you can continue to be a full time carer is if you stop unlawfully charging me for the respite when the benefits of the person you look after are used up
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Unfortunately the more disabled the family member is there is no extra benefits given to account for this. Someone who needs constant care gets the same top rate mobility allowance as someone who can walk who can drive who don’t need any walking aids with no severe mental impairment.
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Some get full DLA who can mainly look after themselves spend their £71-40 as they please While most of the carers looking after the most profoundly disabled who would cost up to £2000 a week in care have to forfeit £35-70 of that to receive ILF.
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When they are doubly incontinent and need 12 extra washes a week at £2 a wash and 50p for drying = £30 a week (double that if you use the launderette) and replace one soiled garment a week and it’s all gone and more, leaving you to pay all their disability related expenditure.
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Then the council want to charge you £40 to £100 a week for respite.
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When I appeared on the radio to discuss the injustice of carers being charged for respite, councillors and council officers all declined the offer to appear. The response from carers was amazing, that is why I set up this website to inform carers throughout the country about this injustice. No disabled person on income support should pay charges for respite and certainly not the carer.
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George Valentine from Rotherham
Campaigner activist and adviser to carers and their disabled adult
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