Paying for Care and Support
Social Services Debt Recovery
Relating to: Residential, Non-Residential, Supported Living, Respite, Additional Cost Contributions and Direct Payments
This factsheet is designed for those who have not made payments against invoices for care and describes what action may be taken as a result of our debt recovery process.
Who can help me with this process?
If you are finding it difficult to understand this process or provide the supporting documents, please contact our Social Services Finance Debt Recovery on 01437 775555.
You can also ask someone to help you such as:
- Representative (family, friend, power of attorney, advocate, solicitor)
- 3CIPA who provide a free Independent Professional Advocacy service, Tel No: 0800 206 1387, Email: info@cipawales.org.uk
- Citizens Advice Bureau, Tel No: 01437 806070 (local advice line number) / 01437 767936 (Haverfordwest Answerphone) / 01646 623104 (Pembroke Dock Answerphone)
If you do not agree with the charge
If you disagree with the start date or type of package of care then you have a right to complain. You will be able to access our complaint procedure and information on how to complain on www.pembrokeshire.gov.uk/complaints or you can contact us by:
Email: socialcarecomplaints@pembrokeshire.gov.uk
Tel: Amanda Davies or Richard Williams on 01437 764551
If you are unsure whether you have grounds for a complaint we will be happy to advise you or you can call our complaints department for advice.
If you cannot afford to pay your charge and you believe that your charge has been incorrectly calculated you have the right to appeal.
We will ask you to provide additional evidence such as costs associated with a disability, or debts or any other expenditure which may impact on your ability to pay the charge. Following the appeal your charge may be reduced or may be upheld.
Our Debt Recovery Process
Once charge has been confirmed, our process for debt recovery is:
Step 1
First Invoice Reminder is sent 14 days after the initial invoice.
Step 2
Automatic Debt Reminder Letter is sent 14 days after the first reminder letter (step 1). This letter invites people to set up a payment or to contact us for any information, advice or guidance.
We strongly advise people to seek legal advice - 14 days after first reminder.
Step 3
First Debt Recovery Letter - inviting people to meet with our debt recovery team to discuss payment arrangements or review of finances. This letter is sent 28 days after the automatic Debt Recovery Letter (Step 2).
If people are supporting someone because they lack capacity to manage their financial affairs, this meeting will enable us to work with them whilst they may be going through Deputyship / Power of Attorney or Probate matters.
As part of this finance review should any concerns be raised with regard to the management of the service user’s funds the team will seek advice from the adult safeguarding team.
If any alleged suspension about the capital appears to be noticed during the debt recovery process the team will seek advice from the legal team.
If a property under the name of the service user is known, to secure the debt, the local authority is authorised to set a charge section 71 in accordance with the Care and Support (Charging) (Wales), the Land Registration Rules 2003 and Land Registration Rules (Miscellaneous Amendments) Regulations 2020.
Step 4
Second Debt Recovery letter - Encouraging people to make contact to resolve the situation together as soon as possible - This letter will be sent 28 days after the first Debt Recovery letter (Step 3).
If needed, people can provide additional information. If they do not agree with the care package you can make an official complaint and if they believe that their charge has been incorrectly calculated, they have the right to appeal.
During the period of appeal or complaint, the debt recovery process will be in pause but invoices for the care contribution will still be raised until the situation is settled. At that point the care contribution may be revised, and the previous invoices may be cancelled and new invoices with the new revised contribution will be raised.
Step 5
Final Debt Recovery letter - This letter will be sent 28 days after the second Debt Recovery letter (Step 4).
If the invoices remain unpaid and people have not engaged with the debt team their case will be referred to our legal team. To prevent the case being treated as a corporate debt, we encourage people meet in person as soon as possible to find a solution and enable further mediation with the finance and social work teams.
The legal team will review all documentation relating to the debt. Our legal team will write to inform people that the case has been referred to them.
Step 6
Our legal team will review the case and make a decision whether to progress with Court Action to recover the debt. The legal team will inform people of any additional charges such as Court Fees and interest payments relating to the debt. This is the final opportunity to settle the debt or arrange a payment plan.
Step 7
Case heard in Court
Court Action is a last resort for the team. We advise you to talk to us as soon as possible so that payment arrangements can be put in place. At all points in the process you are invited to discuss the situation with an advocate, seek your own legal counsel, discuss with a Social Worker or any other person you think may be able to support.