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UC and Self Directed Support?

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4 days 18 hours ago #303805 by neptune1980
UC and Self Directed Support? was created by neptune1980
Anyone in Scotland here who gets Self Directed Support for a disabled child and is in Universal Credits?
We have a disabled child and she has a Self Direct Support budget of 15k per year until she is 18 years old. Which means that there is a All Pay bank card in my name for her. It is a "local council all pay account" a prepaid card, a Mastercard, used for direct payments in local government services, particularly social care or other approved uses for care and disabilty needs. It allows for a specific and monitored use of funds for approved purposes, such as care and support.
The local council Children's disabilities social work Team outlined only very specific things this money can be spent on each year and any under spend goes straight back to the council.
For example:
8k per year for (name of care service) to provide 15 hours of respite per week.
2k per year for 1/1 arts and crafts for Autistic children
£30 per week for trampoline activity.
£30 per week for 1/1 swimming lessons for Autistic children.
A one off direct payment reimbursement into my main bank account of agreed and approved amount by council of £300 for sensory light tunnel which I have already paid for already using my own funds.
One off direct payment of £300 direct payment into my main bank account towards the up coming cost of sensory modules yet to be paid for by myself.
Etc...

However, I am confused as I have read something about local welfare funds only being disregarded for 12 months? But what about the above situation?
The Universal Credit (Local Welfare Provision Disregard) (Amendment) Regulations 2022

(3) In Schedule 10 (capital to be disregarded), after paragraph 18(4), insert— “18A. A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.”.
This disregard will apply to such a payment for the period of 12 months from the date the payment is received.

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4 days 4 hours ago #303827 by David
Replied by David on topic UC and Self Directed Support?
Hi Neptune1980

The disregard is 12 months. I would ask the local council Child Disabilities social work Team for further advice.

David

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

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1 day 19 hours ago #304064 by neptune1980
Replied by neptune1980 on topic UC and Self Directed Support?
Thanks....I did get this repy below I quote from SDS Scotland they also said it "should" be disregarded as savings, capital or income indefinitely on the phone but there's nothing stating that in writing anywhere about SDS specifically.

"Unfortunately I don’t think it’s possible to find anything that says that direct payment funds should be ‘indefinitely’ disregarded as capital, savings, investments or income. The Guidance only states how this is not a ‘benefit’ or a gift. Many Local Authorities will outline how a direct payment can’t be invested or saved. The money has to be used for the cost of a person’s care and support. Un-used funds would be returned to the Local Authority.

A direct payment is also not considered as income when a Local Authority undertakes a financial assessment for care charges, to see if anyone needs to make a contribution towards the cost of their care.

A direct payment can be received in a dedicated bank account or on a pre-paid card. However, the money is for exactly the same purpose.

I’m sorry I can’t be any more definite. I would have thought that the Job Centre would be aware of the status of social care funding and how this needs to be considered.

I cannot find anything else that states that a direct payment is not considered as income or capital, other than what I have already shared with you.

Even if you had an underspend on your SDS budget, this money could not be used for any other purpose. It is very common for people to have an underspend as they struggle to access the support they need or don’t have regular reviews. In fact, good practice states that people should have a ‘contingency budget’ which enables them to pay for additional support at short notice if they need to.

I think the issue you’re facing is the status of social care funding. The same funding could be paid by a Local Authority to a care provider under Option 3 of SDS, or paid to you as a direct payment. You just happen to have the money in your pocket and then pay it out for the support needed.

So for example, I found some information from Wirral Council in England. Their Direct Payments information includes a statement:

‘Will having a direct payment affect the benefits I receive?

No. A direct payment isn't considered as income, and it is not intended as a replacement for benefits such as PIP. So, it will not affect any of your existing benefits.’ (p.3)

I would imagine if you did similar searches you might be able to come across similar information.

In addition, Carers UK state on their website:

‘Will getting a direct payment affect my benefits?

Direct payments aren’t counted as income for any benefits you receive, and so would not affect any of your benefits.’ (see here: www.carersuk.org/help-and-advice/practic...one/direct-payments/ )

Most Welfare Benefits are UK wide, although in Scotland we now have Social Security Scotland that administers some benefits here. So any guidance like the above is likely to be equally relevant to Scotland as well."

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1 day 5 hours ago #304085 by David
Replied by David on topic UC and Self Directed Support?
Hi neptune1980

Thanks for that information which may be of use to other Forum members.

David

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