Local Democracy Reporter Simon Finlay
A Kent mum of a disabled man is considering legal action against a council over changes to disability payments she fears will contribute to the deaths of vulnerable people.
Bernadette John says she is seeking ways to take Kent County Council (KCC) to court to block a proposed new charging policy for people who receive care in their homes or in the community.
Mrs John’s plight is being backed by cross-party opposition parties at Conservative-controlled KCC who have tabled a motion asking for a delay in the implementation of the changes, which came in today (September 2) .
Concerns have been echoed by one disability charity over how those affected could end up in debt if they cannot pay bills.
Mrs John, of Matfield, claimed: “Severely disabled people will literally die or come to harm if they do not have the funds needed for these expenses, which are not optional for them.”
She said severely disabled people often need specialised diets, extra heating, sanitation or equipment and without them could adversely affect their health.
Her son Nathan, 29, who has severe disabilities and lives in supported accommodation, will lose £35 a week – around 15% of his income – under the changes.
KCC has introduced the scheme to take into account the enhanced rate for night-time attendance allowance, the care component of the disability live allowance (DLA) and the daily living part of the personal independence payment (PIP).
This means those affected would have more income taken into account as part of their means testing, pushing up their bills.
The changes would shave almost £4m off KCC’s annual budget at a time it needs to find more than £100m in savings in the next two years.
Mrs John added: “It doesn’t take much imagination to realise that someone living on benefits cannot weather a £35 per week drop in income.”
She challenged Cllr Dan Watkins, KCC cabinet member for adult social care, to take a 15% cut in income.
Mrs John argues when previously assessing how much people could pay towards their care costs, the higher rate component, known as “disability-related expenditure” was not included in income figures by KCC.
She added: “Now KCC wants to treat this disability-related payment as though it is spare cash.”
Mrs John, who claims 9,000 people will be affected, said the first she knew of the changes was when she received a letter with Nathan’s new calculations in mid-August.
She added: “I was desperately upset. Nauseated. It’s keeping me up at night worrying about these people.
“But I’m now looking to mount a legal challenge on the grounds these changes are discriminatory against people with severe disabilities.”
KCC Labour councillor for Folkestone, Jackie Meade, has tabled a motion with the help of the Liberal Democrats, asking for a delay in implementation.
She says it is “wise” to see if the new Labour government will be more generous to local authorities when three year fixed settlements are awarded.
Cllr Meade added: “There may be pots of money in there which can prevent bringing this in.”
Chief executive officer of the Kent-based Disability Assist Sophie Fournel said she wonders how disabled people will cope while the cost of living remains stubbornly high.
She said: “Higher charges will be a major concern to people who are also facing another year of high energy bills and the cost of living remains high.
“We know of people who go without needed care and support as they cannot afford the contributions expected of them and others who have not understood the charges and are finding themselves in debt.
“At the same time, many older people are not going to be receiving the winter fuel payment this year.”
Cllr Watkins, said: “I can assure residents the decision…was not taken lightly and to help mitigate some of the impact this may have on those most in need, we have included a £900,000 contingency in the budget which will help with increased disability related expenses.
“Faced with increasing demands for complex care, rising costs of care and a lack of adequate funding from central government, we are having to take tough decisions to make sure future essential services are sustainable. It means disregarding these higher or enhanced benefit rates is unfortunately no longer an option and new charges for some will be payable from 2 September.”
