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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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community care

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community care
Thank you for contacting us
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain what it is that you wish to know please?
Customer: replied 3 years ago.

About Personal Health Budgets,

In essence, this is about Domiciliary Care funded by Local Authority,

but assessed and approved by the NHS/CCG.

The Local Authority in question have paid for Domiciliary Care for my brother for the whole of last year, however they are now withholding payment of his Employer's NI contributions/Tax and Staff Holidays and for the whole of the past year, something that they had already agreed to when the Budget was approved in April 2013.

It seems a clear breach of contract/agreement of my brother's health budget, which is short of funds to pay tax and staff holidays for the past year.

My brother issued an invoice in April this year and six month on this remains unpaid. Should he now raise a money claim in the County Court against the NHS/Local Authority, for breach of contract and non-payment of Tax and Staff Holidays?

Thank you.

What is the explanation they give for the delay?
Customer: replied 3 years ago.

Until June they were positive about it as if the payment would be happening shortly, then they mentioned an appeal in July, but we were not invited to be present and we have not heard from them ever since.

In essence no explanation and no communication for more than 3 months.

Have you raised a formal complaint?
Customer: replied 3 years ago.

Well, the current domiciliary healthcare package was approved following a long and extenuating complaint, which lasted for over three years. We could try again, but if that doesn't work, would raising a money claim in the County Court represent a viable route towards a resolution?

I would suggest a two fold approach.
Your brother should indeed issue a claim against the authority using the Money Claim online service here
At the same time proceed with a formal complaint because of course he should not have had to do this.
They cannot rely on an appeal that your brother was not involved in
Please ask if you need further details
Customer: replied 3 years ago.

Thank you.

We will start from the money claim and see what happens.

These are the same people who withheld direct payments for my brother's care for 36 months and with whom we have had already a full legal dispute, which just by coincidence (PCT became CCG) didn't end up in front of the High Court for Judicial Review.

Isn't that a surprise....
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much, Clare.

However, there are a few authorities involved; the CCG / NHS because they assess and approve the care package and the Local Authority finance department. Who are we going to take to Court? Who is responsible for maintaining the package inclusive of all costs?

From 2006 to 2010 my brother was receiving care approved and financed only by the Local Authority's Social Services and the Independent Living Fund.

The payments were deposited in his bank account for Direct Payments, inclusive of his Employer's NI Contributions and Staff Holidays.

Since the changes in 2013, the new Clinical Commissioning Group has taken over responsibility for my brother's care package. They have informed us that, in order to keep Public Expenditure under check, they would be making payments without NI Contributions and Staff Holidays. These have to be calculated at the end of the financial year.

We followed their instruction, calculated the figure and requested payment. It should have been deposited into my brother DP bank account back in July.

Our opinion is that the CCG are responsible for this problem and they should receive the money claim.

Kindest regards


Yes if the CCG now holds the contract then it is they who he should sue