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Care Charging has many complications in it. One of the latest is a back door method where councils try to bring mobility DLA into their financial calculations by expecting people who get self directed support to use their DLA for travel costs by reducing their individual budget.
Most councils know that mobility DLA cannot be included as income for charging. Their own policies state this and the national COSLA guidance reiterates this. However we know that a number of councils have been suggesting that where a person has mobility DLA they will expect them to use this to pay for taxis, buses or car costs to get to and from social work services. For example, in Glasgow, a number of families have been told that they will have to start getting their sons and daughters to their day services because the council will not provide travel to those with mobility DLA. According to them this is double funding.
However it is unlikely that many have ever looked at the legislation that covers mobility DLA. This states
A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.
A social care assessment is carried out under the Social Work Scotland 1968 Act and as such mobility DLA should be completely disregarded from the assessment process. This means that local authorities cannot take into account whether a person does or does not get Mobility DLA. Those who do get it should be treated no different than those who don't. its time councils took their hands off people's Mobility DLA.