Decision details

To:

a)    present the findings of a 12-week statutory consultation (from 9 October to 31 December 2024) on proposals to change the treatment of disability benefits and to introduce a charge for appointeeship.

b)    seek a decision on whether to introduce proposed changes to:

                          i.       the current treatment of disability benefits, within a person’s financial assessment.

                         ii.        the appointee service, by levying an administration charge.

To approve:

a)       That the higher rate of all disability benefits where claimed, is considered in the financial assessment for non-residential charges.

b)       That an administration charge is introduced for adults that ask the Council to act as their appointee.

c)       That ASC continues to work with people who draw on support / use the appointeeship service to develop communication approaches as the changes are implemented.

The current financial constraints faced by the Council necessitated the need to revisit options to ensure that people who draw upon our services are being assessed fairly and that their charges are appropriate. The decision to consult was driven by the need to contribute further to the savings target.

The statutory guidance within the Care Act 2014 provides a framework for the application of charging for care and support. The financial assessment calculates what a person can afford to contribute towards the cost of their eligible care needs. The Council is permitted to include the higher benefit rates in a financial assessment as income, for non-residential charges. Discretion will remain where people can evidence additional expenditure incurred on provision of qualifying care and support not provided by the Council.

The Competence Power in LA 2011 enables the Council to charge on a cost-recovery basis for new or existing services, where there is no pre-existing statutory authority. The introduction of a weekly charge for the Council’s appointee service will reflect the administration costs incurred to provide the service. Take-up of appointeeship is non-statutory.

The changes will ensure the Council is adhering to the relevant provisions, making the process fairer whilst also allowing the Council to deliver services to help more people across the City.   

-         To continue disregarding the higher or enhanced rate of disability benefits down to the lower or standard rate, within the financial assessment.

-         To disregard all disability benefits as income, within the financial assessment.

-         To continue offering the appointee service internally, at no cost

-         To switch to an external third party provider, at no cost

-         To introduce a charge for appointeeship, at a rate lower than that specified within the consultation