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What are my rights for having a holiday?

A1SmileyA1Smiley Posts: 4Member Listener

Hi all,

I’m in talks with my local county council about my care costs.  A brief history of my background, so you know where I’m coming from.

25 years ago I got my own place, received ILF & LA funding (Direct Payments) for my care costs, employ my own care workers through my dad.  I receive 12 hours care per day 7 days a week.  I never had any problems with LA and they left me alone. ILF went, so the LA picked up the cost with me paying my contribution.  I went through the re-assessment, but in the end they agreed I still require the same amount of care.  Each year my contribution went up inline with benefit increases and I had no problem with this.  This current year the council changed their rules and charges.  Therefore, they changed the rate of the contribution and gave me 2 weeks notice of this before they next paid me.  They had actually doubled the contribution rate.  As I am on benefits, I budget my money for everything and have commitments for different things, so when they informed me I was fuming for various reasons but I won’t go into detail for now.  Anyway, I got the finance assessor out to re-assess my finances. She deducted things from the contribution amount, but it was still below their threshold, so I had no option but to pay the increased contribution amount.  However, she enlighten me to the DRE and if I could come up with a list of things I pay for that are disability related, then she could take it to her finance manager to decide.

This is what I did, came up with a list that were disability related and most of them were rejected.  So, I’ve started complaints proceedings and yesterday had a meeting with the finance manager to find out her reasonings for rejecting on most things and she said she has went off what my care manager advised her of what was acceptable.  Anyway, my care manager’s team leader was there and he was not too pleased as I questioned him her actions and he was stumped.

Anyway, one of the items I put on the DRE form, as suggested/requested by my father that I want to raise with you guys was a holiday.

I said to the finance manager, “what’s wrong with a holiday?”, her response to that was she couldn’t allow it as it’s classed as a luxury and you’re not entitled to a holiday on that bases as no one else can afford a holiday.  So my dad said, “he’s not asking for a holiday to paid for him, he has saved up for his part of the holiday and because he can’t go without a care worker, he is using some of the care component from his PIP to pay for the care worker’s holiday cost part as it is disability related. This is what he did last year and there were no questions asked, because he didn’t have the need to ask for anything.  Before you increased his contribution, he had booked his holiday and budgeted for it unaware of what you were going to do”.  She still says no, but I’m going to fight her, as I believe what we are saying is completely fare.

Therefore, I would like to ask what are your views and if you go on holiday, how do you manage?

Replies

  • April2018momApril2018mom Posts: 1,660Member Disability Gamechanger
    I went anyway.
    We are currently on a vacation in France for 2 weeks. I did not inform my local council but went quietly. We usually travel as a family so there has not been a issue so far. The only issue that we encounter is rude folks at the airport staring. But most folks are nice to us. 
    That is shocking. And rude honestly. Everyone needs a short vacation. Do you have anyone who can advocate for you or not? This is ridiculous, seriously. 
    Do not let them bully you. Stick to your guns! 
  • TopkittenTopkitten Posts: 962Member Pioneering
    Since 2003 when I first started having problems and they began investigating I have had 2 holidays. I went to Malta for a week with a friend who paid for my holiday and also helped me with spending money. The other time was 2 years ago when I went to Italy with my son looking after me, mostly this was to see if I could use an airplane. I paid for both me and my son out of the money my mother left me when she died, Now I can barely leave the house due to my condition and have been classed officially as "housebound" since April 2018 so I guess I won't be having any holidays even though I can now afford them.

    I did look into the companies / charities who specialize in disability holidays but found that they were mostly self-catering style and more aimed at a disabled person with family support. I have suggested to my eldest daughter we go away for a week or two but it would have to fit round school times for her children's sake. She said she would think about it. Hopefully she will think of something whilst I am still a little mobile and she can cope with assisting me. I might also try to contact my other daughter and see if she would like to go as well even though she hasn't spoken to me in around 4 years. I would really like to see my new granddaughter.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • newbornnewborn Posts: 290Member Pioneering
    The o.p. has extra grounds because  he had  booked  and paid  out in advance, on the entirely reasonable  assumption  that one year would be the same rules as rhe previouus one. The two weeks notice was too short to rearrange  such things.

    If x number of hours are required,  at home, then at least  the same number should be reasonably required on holiday. However, treavel and food and room for the carer are more than the council would have agreed to pay. 

    Presumably the regular carers take their holiday at the same time, and do not expect pay while he is not there?
  • A1SmileyA1Smiley Posts: 4Member Listener
    The rest of my care workers will be taking a week holiday while I'm away.

    I didn't ask the council to pay for the "care worker's" travel, room & food.
  • newbornnewborn Posts: 290Member Pioneering
    Then in logic, why can you have essential personal assistance paid while you are in one location,  not another?

    If you need someone to  help you get to the loo, or feed you, on Monday at home,  do you  not need it on Tuesday at work?  Do you need it at home, and at work, but suddenly not need any help  on Wednesday while on a day's outing?.

    That would be ridiculous,  one would think, to an ombudsman or a judge.
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