Page 22 - Community Living Magazine 32 - 2

welfare rights
Minimum income, major injustice

Failure to update social care rules, council cuts and shifts in benefit are combining with a
freeze in minimum income guarantee to hit those already at a disadvantage. brian Collinge
asks how this was allowed to happen – and whether it could be challenged legally

eople who qualify for care support squeeze on their budgets has meant that much people had to pay for their own
from their local authority have their most have moved to taking 100% of the care. For people with severe learning
Pincome assessed under the Care act excess over the minimum guarantee. For disabilities and their families, this is about
2014. If their income is above certain some people, this has meant a loss of basics like education, respite care and the
levels, they have to contribute to the cost more than £700 a year. reasonable hope that, when parents die,
of their care. Second, income support has been their child will be OK and live in a society
The rules that the local authority has to replaced by employment and support that actually cares. However, the changes
follow when assessing people are set out allowance (ESA). On the face of it, it have been delayed pending a green paper
in the Care and Support (Charging and appears people on disability benefits get a on the whole topic of social care.
Assessment of Resources) Regulations 2014. higher income. Finally, who should be blamed for this
Arrangements for people in care homes However, for those who need social injustice? Ultimately, a government
are different from those who receive care care, the generosity is an illusion, as local minister must be responsible, provided
in the community. authorities take 100% of income above they knew about it and possibly even if
“ The government is it is only they who benefit, not the ESA oversight of whether change and updating
they did not. What about parliamentary
the minimum income guarantee level, so
to regulations is needed?
recipient.
The government is therefore being
being disingenuous in
claiming employment disingenuous in claiming that ESA is more Against council duties
generous and helping people with severe
Under the Care Act 2014, the secretary of
state must have regard to the general
disabilities to have a higher level of
and support allowance
For people being cared for in the ” income. duty of local authorities to promote
is more generous
individual wellbeing.
Why no outcry?
It is difficult to reconcile how telling local
This is a sad saga. Three aspects of it are
authorities for three consecutive years
disappointing.
community, the regulations state local particularly curious, worrying and not to adjust amounts prescribed under
regulation for inflation is consistent with
authorities must leave clients with enough First, given that this is a major injustice the wellbeing duty. I feel that these circulars
money to meet their housing costs and affecting those who are most may therefore be legally challengeable. n
allowable specific disability expenses, plus economically marginalised, why has there ● A longer version of this article, with
an amount known as the minimum been no publicity or protest about it? detailed information on income levels,
income guarantee. Second, although there has been no costings and legislation, is available on
In April 2015, the minimum income publicity about this injustice, there has Community Living’s website.
guarantee, set by the Department of been a lot of publicity (and government
Health and circulated to local authorities, action to legislate but not implement) Brian Collinge is the father of a son with
was set at £151.45 per week. It includes a around changes to the Care Act. These severe learning disabilities and a former
basic allowance (for people aged over 25), changes, if implemented, would cap how local authority chief executive
a disability premium and an enhanced
disability premium.
Since then, this amount has not
changed. Because there has been no
adjustment for inflation, the value of the
minimum income guarantee has dropped
each year, leaving the most vulnerable in
society having to pay £327 per year more
than they would have had to pay had their
income level been adjusted.
Two factors exacerbate this problem.
First, the minimum income guarantee is
just that – a minimum – and local Aleksandr Berdnikov/Wikimedia Commons
authorities could allow people with
disabilities a higher level of income before
they start contributing. Although some
authorities used to be more generous, the
withdrawal of grants and the financial Stretched budget: a freeze on minimum income means people have less money in real terms

22 Vol 32 No 2 | Winter 2018 Community Living www.cl-initiatives.co.uk