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Social services financial assessment. Injury

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8 years 11 months ago #135817 by Mikey.robbie
Social services financial assessment. Injury was created by Mikey.robbie
Apologies to the moderators if this is not the right place but thought someone might be able to help me.

I have been severely disabled and getting worse since I suffered a spinal injury in 1990, leading to countless surgeries including spinal fusions, knee replacements, shoulder decompression s arthritis everywhere etc. I am married to a profoundly deaf woman and we have 3 young children. In 2013 I had 2 major spinal ops to restore collapsed spine and revision of previous fusion and link up of the 2 fusions. During this time in hospital I was also diagnosed with PYSD from the assault thT started the whole thing 26 years ago.

For the first time I applied for a needs assessment with accompanying financial assessment. I wanted a personal carer to help me get washed and dressed in the morning and same in the evening. I receive a pension from an injury on duty that is split into 2 . A taxable part (very small as I was short in service before being injured) and a non taxable injury pension. I was told that the computer had worked out that I needed care costing £400 per week but that my contribution to this care was £430 per week. I asked the financial team to reconsider counting the non taxable part of my pension but they insisted it was the rule.

In 2014 I did not bother to have another needs assessment. Why waste everyone's time if they were going to count all of my pension. I was not informed about the changes in the care act 2014.
This year I asked for a needs assessment because I realise that it can be useful to show to other agencies. I said not to bother with the financial assessment but they did one anyway. Much to my amazement, I was informed that, due to the care act April 2014, they now had to disregard my injury award. My weekly contribution was now £28 per week. I have missed out on a whole year of care I could have had, they didn't bother telling me about these changes despite visits we had regarding my wife who gets direct payments for being profoundly deaf and having me and 3 young children to look after. In 2013 there was no formal appeal process although I asked my GP , health visitor and various other people if they could look into it for me.
Am I morally/ legally entitled to have my payments backdated, if not to 2013 then to when the act came in in 2014. My wife has ruined her own health looking after me and the children. She should not lift because of internal surgery post childbirth. All this has been undone, she has been hospitalised with internal bleeding , required 2 units of blood and under investigation for chronic anaemia. I am so upset I could have had help earlier but now the damage to her has been done. Any ideas out there?

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8 years 11 months ago #135833 by Gordon
Mikey

I am terribly sorry but we do not advise on care assessments, a local advisor may be able to offer advise, do an internet search for "welfare advice" with your postcode, town or county.

Are you referring to the Care Act that came into force in April of this year, this made substantial changes to the eligibility criteria? It will depend on the wording of the Act, but it would be unusual for legislation to retrospectively apply.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Rubyred
8 years 11 months ago #135958 by Rubyred
Replied by Rubyred on topic Social services financial assessment. Injury
There is always a complaints procedure that could be followed and if you think you should have been informed of the changes you should ask for a complaints form.
Im not sure there was a change in criteria in the Care Act 2014, the new Care Act 2015 came into force April 2015 and many changes made.
I think Social Services would probably say it was up to you to check if there were any changes.
Every time a Community Care Assessment is completed a Financial Assessment has to be carried out for everyone, the criteria for what was taken into account changed a few years ago, at one time no benefits, allowances or pensions were included but that has all changed now.
When DLA, AA or PIP is awarded it is usually used to help contribute toward any care that the claimant needs, it makes sense really.
I doubt very much that any back dated payment would be made retrospectively, I agree with what Gordon has said. But I would be interested to hear what happens if you pursue it.

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