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Page 4 of 6
Charging
Will I have to pay for any services provided?
Local Authorities do have the power to charge for services they provide under the Children Act 1989. It is usually your means as a parent which are assessed rather than your child's and you should not be asked to pay more than you can afford. Each Local Authority will have its own charging policy.
When a child reaches 16, they are assessed in their own right. This means it should be their ability to pay which is taken into account and not the parents.
When should I not be charged?
If you are in receipt of Income Support, no charge should be made for services under the Children Act. Recipients of Working Tax Credit and Child Tax Credit (above the Family element) should also be exempt from charges for Children Act Services.
Arguably, your Local Authority cannot charge for any services which are provided under the Chronically Sick and Disabled Persons Act. If your child has been assessed as being in need of any of these services, s/he is disabled and you are being charged, you should seek further advice.
Also, you should not be charged for advice, information and Social Work Services.
Do I have to pay for services provided to me as a carer?
Services for carers of disabled children are normally provided under the Children Act and the same charging rules apply.
What if I cannot afford to pay the assessed charges?
If you feel you are being charged wrongly or at a level which is more than you can reasonably be expected to pay given your circumstances, you can ask for the charges to be reduced or waived completely. If you are still unhappy with the amount you have been asked to pay you can make a formal complaint.
Direct payments
What are direct payments?
Local Authorities can give payments, instead of services, to allow disabled people and carers to buy in the services they have been assessed as needing. Direct Payments are seen to promote the independence of parents and their disabled children who would like to manage their own social care needs.
If your child is under 16 Direct Payments will usually be made to you as their parent. When a child becomes 16 she or he can receive payments in their own right to allow them to buy in the services they have been assessed as needing.
In the past you could not insist on Direct Payments, however, in England, a request should now be refused only in very limited circumstances. At the moment Direct Payments schemes are not yet mandatory in Wales.
The amount you receive should be enough to allow you to meet all the costs involved, including tax and National Insurance as well as the fee for a police check (should you employ help directly). Social Services will usually deduct an amount from the payments equivalent to what you would have been charged had they arranged the services. Alternatively, Social Services may make the payments in full and ask you to reimburse them any assessed charge.
Any payments you receive must be used to pay for services to meet the assessed needs.
The Department of Health together with the Council for Disabled Children have produced 'A Parent's Guide to Direct Payments'. Copies are available from Department of Health Publications, PO Box 777, London SE1 6XH, Tel. 08701 555 455, Fax. 01623 724 524 e-mail:
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Vouchers
The Carers and Disabled Children Act 2000 has also made provision for a new voucher scheme. The scheme is currently being implemented in England. At the time of writing there were no detailed proposals regarding the introduction of the voucher scheme in Wales, although pilot schemes may be introduced in certain parts of Wales. In effect, the scheme should allow carers and disabled children to receive vouchers for short-term respite breaks. This should mean more freedom to choose when and where to take a break.
Making A Formal Complaint
You have a right to complain about any social service provided by the Local Authority. Complaints can be made about an assessment of whether a child is in need or not, or about the provision or lack of provision of services for your family and disabled child. Some people are worried about making a complaint because they fear that the services already provided will be taken away. You can always request the help of a local parent support group or advocacy service.
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