hellooooooo )

only i again, but with a bit of a poser here ...

have a cl. aged 19 who receives i.b , d.l.a high rate care / mob d.l.a. also has just under £3.000. savings. no i.s.

on 02/09/07 began college away from home, and was advised that care component of d.l.a would cease. this appears to be correct.

however, cl. has also been advised by social services that she may have to contribute toward the cost of her care whilst at college, it would appear from er i.b of £98.45 ...

does anyone have any knowledge of care charges in this scenario, and if so, could you please enlighten me ?

pete

why would care component of dla be stopped if she goes to college? it's not as if college is a hospital/nursing home/like that.....

surely dla care should continue and she uses that to pay for the care whilst at college, isn't that the point?

or is there something missing here

This appears to be an example of what's known as the "two bites at one cherry syndrome" ......You can't have your DLA care anymore because we're keeping you whilst at residential college...and by the way, you're going to have to contribute towards your up-keep out of what little income you will now have...

What sort of college is this by the way, who runs it, where do Social Services come into the equation? I ask because we've had a couple of young clients in the past who were in receipt of DLA care because of serious learning difficulties. They did get places at a special residential college that had specialised courses designed to cater for their needs. These I believe were run jointly by the education authority and Social Services. I seem to recall that in those circumstances they did lose the care component - but were not asked to contribute.

It is important to establish under what legislation the local authority is funding the placement. A person can be charged for accommodation (subject to means testing) under s22 part 3 of the National Assistance Act 1948 if they are accommodated under that act. If on the other hand the placement is funded by the education department, it will be under some other legislation and I don't think the person can be charged. Either way I don't think the client will get DLA care paid due to paras 9a and 9b of the DLA regs, which prevent payment if the person is accommodated from public funds in pursuance of enactments relating to disability or to young persons or to education or training.

cheers all for your replies, give me plenty to go on so will keep you posted as the matter runs its course ...


pete