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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Three-part question about Direct Payments to people with disabilities:

Resolved Question:

Three-part question about Direct Payments to people with disabilities:
1. Can private mileage costs for transport to daily care givers be reclaimed?
2. If so, what is the accepted per-mile allowance?
3. Can back-dated travel costs be reclaimed?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

This is an awkward question. I understand it may take a while to find someone able to answer. I am happy to wait. Maybe you could check back in a week.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Be reclaimed by whom please, the carer?
Customer: replied 2 years ago.

Hello

Yes, parent/carer, who provide transport for the disabled son.

Expert:  Ash replied 2 years ago.
So you want to bill your son for the mileage or the payment provider?
Customer: replied 2 years ago.

OK. My son receives a personal budget for his extra-care needs. This includes things like the cost of attending a day care unit. Since 2008 he has been attending, firstly a special college unit, and lately a farm providing special care.

Initially we were told that travel costs would be payed for, but we have in fact taken him every day to his placements. We did not deduct the travel costs from his care budget. Now we are told that if there is any money in his account which has not been spent on appropriate care-related needs, we must send that back to the council.

I realise that we are fortunate to have this budget in the first place, but we are very careful how we spend it, so a surplus does build up in his account. However, there are many more appropriate costs that we could include, such as the extra power and water used to wash his bedding every day because he is totally incontinent.

So, my question is, could we reclaim the costs incurred in taqking him to and from his day placements for the last 6 years?

Expert:  Ash replied 2 years ago.
1. Yes you can claim for mileage
2. The rate is set by HMRC as 45p a mile
3. You can claim for the last 6 years as per the Limitation Act 1980
But you needed to have kept records of all journeys and from now on keep a diary detailing each journey.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for that. If I were to claim, is there any reason why the local council could refuse to pay?
Expert:  Ash replied 2 years ago.
Unlikely, unless they have specific time limits.
Does that help?