Council forcing my mother to pay income she doesn't have for care support

Hi there.

Happy New Year to you all.

I’m not sure this is the right area to post - maybe admin could move to the right place if that is the case.

My mother suffered a stroke end of August and was discharged from hospital October 23rd. It’s been trials and tribulations since then and there is still a long way to go, but she has moved forward from the person that came home.

She is receiving a home care package (4 x carer visits a day). I’ve completed her financial assessment for her (and am managing finances generally). We are going to have to contribute (we are in the middle of the sliding scale) which as a principle we have no problem with.

My mother isn’t receiving any benefits whatsoever and that was entered on the form. But the council have written with the outcome of the Assessment and have included Attendance Allowance at the highest rate (£92/week) as income on the basis that she ‘may be entitled to claim it’ and are encouraging us to claim asap. - That is their ‘policy’.

So my mother is being made to pay close to £370 a month more than she should be and that she doesn’t have. They are essentially saying her income is 35% more than it actually is.

I’ve quickly started to fill out the Attendance Allowance form and have discovered that you cannot be eligible to claim anything if you have been receving care for less than 6 months.
So the earliest Mum is eligible to receive anything is April 23rd.
The 6 months eligibility rule is validated on the Citizens Advice Bureau website.

So I’ve literally proved their assumption must be incorrect and have challenged them to remove it from their calculations.

Has anyone else faced a situation like this? Surely this isn’t legal.
(Note they’ve also done the same with my father’s calculation - but he is only paying for Lifeline - fall bracelet - support).

Any insight and advice would be helpful. It doesn’t feel ethically or legally right in any way.

Kind regards

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@Juppy hi Ian, sorry to hear this, it’s bad enough having a stroke without money worries too.

What about getting some advice from here by the administrators @AshleyTH . I’ve claimed PIP and ESA are your parents immobile maybe you can claim PIP.

Maybe someone in our forum might be able to help. It’s so true isn’t it Rip off Britain.

I wish you luck kind wishes Loraine

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I think you have to challenge this. As well as Citizens Advice, Age UK has the most expertise in these matters. They also have lots of information on their website about Care costs.

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I would agree with both @Loshy and @John_Jeff_Maynard that this doesn’t feel right.

If your local council is not willing to discuss this in a reasonable way, we do have some organisations that can offer advice listed on our main Benefits page.

These are:

You may also want to try:

Disability Law Service
Phone: 020 7791 9800
Provides free legal advice to disabled people and their families and carers. Assists with complaints to Ombudsmen and social services and can represent people at benefit appeal tribunals.

Disability Rights UK
Phone: 020 7250 3222
Publishes the annual Disability Rights Handbook and factsheets on the different benefits available and the planned changes to the benefits system.

There is also a lot of other information on that Benefits page about grants and other support, as well as other organisations who may be able to help. I really hope you are able to get some assistance with this.


@AshleyTH thank you Ashley x

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@Juppy what a predicament they have put you in. I’m not an expert on attendance allowance but when my mother in law got it there was no 6 month rule. It was paid straight away and made a massive difference to her. Of course things could have changed as she passed away 3 years ago but you have to challenge the councils decision. CAB or council benefits officer might be able to help.

Good luck

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Hi @Juppy …. Am going thru a similar battle with my local council….so I can relate. I’ve got my MP involved so hopefully they’ll resolve the situation. I agree with everything others have said and really feel for you, as you shouldn’t have to be going through this. By the way my MP has said to let your local MP know if things like this (applies to everyone). If no one speaks up then things will never change :roll_eyes:

Good luck and take care of yourself too, :sparkles:Anne :sparkles:

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Thank you so much for this Anne.

I’ve found out, Attendance Allowance isn’t payable until care has been received for 6 months - and have forwarded the government’s own guidance explicitly stating this.

I’ve received a response saying it’s been forwarded to a manager for review but that was two weeks ago. I’m chasing for a response.
Great idea re contacting our local MP. We’ve had our first bill from the care supplier (£1,800), so I’m fighting the need for payment until a pre-paid card comes through. They’ve been quite considerate to be honest.
I’m hoping things get resolved soon. Or I will escalate as you suggest.