Constant Attendance Allowance and night-time care

I am looking for confirmation that the intermediate rate of CAA is for people who need care day and night.  Our information says that the rate below intermediate (normal maximum rate) is for people who need care for more than half the day, and that the intermediate rate is for people who need a considerable amount of care day and night, but the regs do not seem to be so specific. 

When assessing the client for direct payments, Social Services say that there is no specific element for night-time care in CAA, and they are therefore not applying any disregard for night-time care.  If the client was on DLA or AA high rate, the disregard would be applied.  I fail to see the difference, as there is no specific “element” for night time-care in DLA or AA either; the difference is simply the difference between the rate paid for day-time needs only and that paid for day and night needs.  (It occurs to me that the night-time element could, in some cases, be the main “element” of DLA/AA, if more care is needed at night than during the day, meaning that more should be disregarded.)

It may be that the assessor is not familiar enough with CAA but it would be good to have some definite official info to present when arguing the case.

SimonMee - 28 April 2011 11:08 AM

Here is a link to the Department of Health guidance to Social Services on setting their charging policies

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4117930

paragraphs 35 - 43 of the guidance states how they should treat CAA in their assessment.

hope this helps

ps as this guidance is issued issued under section 7 of the Local Authority Social Services Act 1970, it places a duty on Local Authorities to follow the guidance and that they can only deviate from it in limited circumstances. Citation available on request.

Thanks very much for that, Simon: exactly what I wanted to know.

Regards

Anne