Social Services Charging Policy

Social Services Charging Policy Appeals

Charging reviews may be requested for residential and non-residential care and support charges. These reviews also extend to contributions or reimbursement for direct payments. 

 

Reasons to appeal a care charge:

• It appears that PCC have not complied with regulations and/or their charging policy.
• The financial assessment does not include all the relevant information provided.
• The calculations within the financial assessment are incorrect.
• The care and support being charged has not been provided.
• Circumstances and/or care and support have changed but this is not reflected in the current assessed charge.
• There are additional needs related expenses that have not been taken into account in the current financial assessment.

If you appeal against the charge you will receive invoices based on the original charge. Once the appeal has been heard we will review the charge and any changes will be backdated to the start of the financial assessment completed as part of the appeal and you will receive a statement which will show any potential refund.

If you are unable to pay the invoices when your appeal is being heard you can discuss a repayment schedule for any balance owing after your appeal has been decided. We advise you to put some money to one side as there will be a charge.

If the reason for the care charge appeal is based on the application of notional capital or income your case will have already been heard by the Deprivation Review Panel. So the charge has been applied on the recommendation of the Deprivation Panel following a review of the financial assessment information provided.  If you have any further evidence relating to affordability of the charge the appeal will be your final opportunity to present this information.

The outcome of the appeal could be a repayment plan, an amendment to the charge or the charge will remain the same. Further information is available in our appeals and debt recovery factsheets. 

Please note that during the review and investigation stages relating to deprivation of asset cases, invoices will not be raised because we will not be able to calculate the charge until the panel have reached their conclusion.  You will however be liable for your care costs from the date the placement started.

 

A request for an appeal can be made in writing or orally and must include:

• the reason for the request
• details of additional needs related expenditure that should be considered (including the provision of supporting documentary evidence)
• details of the person’s representative and/or advocate; together with the necessary permissions (This can be, for example, a friend or relative appointed by the person, or a formal advocate whom they wish to act for them.) PCC will confirm this in writing and inform the person that this permission can be withdrawn at any time during the appeal.

The person or their representative can withdraw a request for a review at any time while it is being considered, either orally or in writing. This will be confirmed in writing.

An officer designated by the Director of Social Services will consider all information provided and make a decision.

 

Requests for a review will be accepted if they meet the reasons listed above. If a request is received and it relates to a previous request that has been dealt with; but the circumstances remain the same, then the second request will be denied. (Regulation 9 -Acceptance of the request)  This will be confirmed in writing and will set out the reasons for not accepting the request. Written acknowledgement of a valid request will be made within 5 working days of receipt. 

 

The person appealing the care charge may want to access the council commissioned advocacy services for support or they may want to appoint a representative to handle their appeal. 

 

The person does not have to pay the charge during the appeal process but must inform the council of this decision within 5 working days of receipt of the acknowledgement. The liability remains for the charges accruing while the appeal takes place. The person will be allowed to make an arrangement to repay the outstanding debt in instalments, alongside the weekly charge following the conclusion of the appeal. 

Direct payments will be paid gross during the care charge appeal process if the person elects not to pay contributions.

 

Additional information and supporting documentation must be provided within 15 working days of this being requested. If this is not possible an extension may be requested. If an extension has not been requested and the information has not been provided within 15 working days then a reminder will be sent allowing a further 10 working days. As part of this reminder the person will be informed that if information/documentation has not been provided in 10 working days, the appeal will be closed. The appeal could be reopened upon receipt of all necessary supporting information/documentation.

If an extension is not agreed the reasons for denying the extension will be confirmed in writing. 

 

Only information that relates to assessed needs referred to in the person’s care & support plan will be taken into consideration.

Information relating to ordinary living costs will not be taken into account as this has already been accounted for by the Welsh Government as part of the charging and financial assessment regulations.

Needs/Disability related income previously disregarded in a financial assessment will be applied to the needs/disability related expenses submitted for consideration as part of the care charge appeal.

 

Information provided will be considered and a decision made within 10 working days of receipt of all relevant information. If an extension is necessary to determine the outcome of the appeal then charges that accrue during the extension period will not be recovered.

If necessary the person will be provided with a new statement reflecting the appeal decision and the care charge amended accordingly. The amended care charge will be backdated to the date of the financial assessment that determined the original care charge being appealed.