Advice | Apr 08, 2025 | 2 Comments |
Care Act Mythbusting
Care Act Mythbusting podcasts
CASCAIDr’s Belinda Schwehr is embarking on a new series of fortnightly Care Act Mythbusting podcasts, starting on 9th April. Sessions start at 1:15 and last for 45 minutes.
This time, she’s focusing the lightsaber of legal literacy on some of the myths that are particularly dear to care providers’ hearts. The first episode looks at issues around fees, contracts and direct payments budgets…
Dismissing long-held beliefs
In each of the six fortnightly sessions, Belinda and her guests will dissect two or three related myths which have entered hearts and minds – stances that have been around for ages, and in which people, providers and staff in the sector may still have a lot of faith, but which in fact don’t quite reflect what the Care Act actually says.
The aim is to inform both the public and staff in the public sector, in terms of understanding (and being able to explain, if staff), why these positions are not in fact correct, without triggering unnecessary hostilities.
Three related myths for session one
The lunchtime session on 9th April looks at these three erroneous beliefs:
• “A family member who signs a contract with a care home or homecare agency is able to bind the client to pay the fees – as the agent, effectively.”
• “When we’ve got direct payments clients their budgets go up automatically every year and if they get into arrears we can ask the Council to pay us back”
• “We have no power to set our own rates if we contract with the Council or the ICB – they tell us what our services are worth. Stoke City makes no difference at all”
Care Act Mythbusting podcast April 23rd
Questions for this session:
• “If a contract ends, for one reason or another, but the person stays put in the bed, can we charge whatever we like to whoever was previously the commissioner?”
• “Is CareCubed the final word on what a fair rate is, under the Care Act? If so, why won’t they pay us what the software tells them is a rate that’s well within the normal parameters? If not, why are we wasting hours filling the forms in?”
• “Can we charge a top-up, even if the cost covers a need the Council already agreed to meet but is not paying enough to us, as far as we’re concerned, for the cost of meeting that need?”
Care Act Mythbusting podcast May 7th
• “If we can’t meet someone’s needs any longer, can we just give notice and drop them off at the council’s offices? What do we do if the council does nothing once we’ve given notice, with regard to finding a new setting for the person in question?”
• “If we raise private clients’ fees and don’t hear back, and nobody says anything, or makes arrangements to move their relative out, is that a sign they’ve accepted the increase?”
• “If we give notice on a supported living care and support contract, does that mean we’re evicting the person?”
More services from CASCAIDr
CASCAIDr CIC’s Alert Service keeps you up-to-date with significant judicial decisions, ombudsmen’s reports and law and policy changes from across the field, and from other commentators.
It currently costs just £25 per year, for individual use. Fantastic value!
Subscribers also get free recordings of these podcasts. You can subscribe here (external link will open in a new browser tab or window).
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Further reading and resources
We have information about CASCAIDr’s podcast series on Care Act Principles here
2 Replies to “Care Act Mythbusting”
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Can anyone kindly advise if, as my mother’s sole, full-time, carer, I could receive any LA payment. I gave work up to care, receiving Carer’s Allowance (mother receives Attendance Allowance). Mother and I have received needs assessments (poorly done); she has fairly high-level needs acknowledged. I asked assessor about possible payment: months ago; said they come back to me but heard nothing. Can a relative receive payment?
Thanking you.
Hello Marcus
In practice, it is highly unusual for family members to be paid for caring – you can read about the Ombudsman’s judgement in a case here: https://www.independentliving.co.uk/industry-news/paying-family-for-care/
If you were to be paid, you would no longer be eligible for carer’s allowance.
I recommend that you use a good benefit checker, to make sure that you and your mother are receiving all the financial support you are entitled to. There is one here: https://www.entitledto.co.uk (external link will open in a new browser tab or window)
Best wishes, Frances