CASCAIDr’s Basic Charges Check

This is where you can sign up for a Basic Charges Check for £35.00, as advertised on social media.

The Check is by no means essential – it’s a choice – a service that is only worth thinking about if you understand the basics of the Norfolk case on unlawful charges for care. That case does not make ALL social care charges unlawful!

We’re already crowdfunding for donations to pay for legal advice from the barristers who won the Norfolk case in the first place. That fund-raising campaign is running on CrowdJustice, here: Reversing the Charges: Disabled and Done Over?

The barristers’ advice will be made PUBLIC – and will answer many questions for everyone’s general use. It will help people make up their own minds about whether their local council’s care charges ought to be challenged as unlawful, after the Norfolk case.

Every council’s charging policy is different. Some councils will simply admit that theirs was arrived at in a way that cannot be defended, soon, we think, but by no means all. Some will maintain that their DRE policy mitigates any discrimination, even though that didn’t work for Norfolk!

You’re welcome to wait and see, but if you think it will be difficult to be sure, then our Check is worth having, especially if you are under 25. It’s cheaper than going to a law firm, unless you can find one which not only offers legal aid for community care matters, but also you qualify for Preliminary Legal Help on your overall means AND you find one that is willing and able to take your case on. You may have to phone 15-20 before you find one and even then, their knowledge of charging law will be hard to assess.

We, on the other hand, are offering the service on a fixed fee basis, having put in the work necessary to prepare instructions to the barristers to get the legal issues into the public domain.

Having this check could make it easier to persuade a legal aid law firm that your case has merit and we will pre-screen you for legal aid eligibility, if you need to be referred on for full legal aid for commencing proceedings, so we think it’s worth it.

The check involves a 2 stage process. You should read our offer before you go ahead, because a fee has to be paid for this service. You cannot phone us for help, we are sorry to say. This is the ONLY way we can cope with what may be a tsunami.

Our offer is a basic check on the legality of your current charges. It’s not a check that is relevant to, or needed, for people living in a care home, so please DON’T go ahead if that’s your situation. It’s not a check designed to help you increase your benefits. Go to this site here if you want help of that nature: https://www.turn2us.org.uk/

But if you are living in the community in your own or a rented house, or a relative’s house, and want this bit of support to get you started, then we will do the check and tell you, or your financial representative or supporter, three things:

a) whether you are likely to be one of many people whose own councils have been acting unlawfully in light of the judgment in the Norfolk case (or not – your council might have a reasonable argument that its policy is not unlawful, even if it looks similar to Norfolk’s policy).

b) whether you could, now, and should be writing to the council to ask for a deduction (or a deduction of a larger amount), for Disability Related Expenditure from your assessed income, for charging purposes, so as to reduce the charge you have to pay – or otherwise challenging the DRE policy of your council, with other people, or just for yourself.

c) whether your council should be notified of a request for repayment of any charges that have been made unlawfully, or for replacement of monies not paid in to your personal budget, when it was paid net of the charges that have been calculated to be due.

In such cases, we will supply you with a letter that you can send off, in our name, or yours. But any replies will have to be flagged to come to you or your financial representative or supporter. If you need further advice, then, a new fee-paying arrangement can be made with us, or we can refer your matter to a legal aid law firm, if you would qualify on the basis of your financial situation.

If you want to accept that offer,
we need YOUR details, first of all, on the form below, or those of any Financial Representative with legal authority to manage your money, or any friend or relative willing to help you and arrange payment. YOU CAN MAKE THE FORM SHOW BIGGER, BY PUTTING ONE FINGER ON THE CTRL KEY AND ANOTHER ONE ON YOUR ‘PLUS’ KEY (even if it appears to need Shift as well, it works without doing that).

If you have no-one with formal authority to help you, you can ask a friend or relative to help you.. They can pay the money for you, as long as you are both happy that they should do that, with your money, or their money. That person would need to have access to your financial assessment or at least your benefit details for Part 2 of the information that we will need to do the check.

Whoever is paying the fee needs to click on the PayPal button below to process paying the £35.00 charge (no VAT) to CASCAIDr.

If you want to ask for a free check, because you are in dire straits financially, we have some money from the campaign to pay for that, so please pay now and we will consider repaying you once we’ve checked your details.

Note the PayPal page will open in a new tab/window. When payment has been completed you can close that window and return here to fill in the form.

After payment has been made, please fill the form in, as best you can, or get someone to help you. The more information you can give us, the better the process will be.

YOU CAN MAKE THE FORM SHOW BIGGER, BY PUTTING ONE FINGER ON THE CTRL KEY AND ANOTHER ONE ON YOUR ‘PLUS’ KEY (even if it appears to need Shift as well, it works without doing that).

One Single Check

OR

10 Checks for your chosen recipients

This is part 1 of the form. You need to click on ‘Submit’ at the end, for it to come to us. You will receive part 2 of the form through an email with a link on it, once you have paid the fee, as set out above.

Legality Check
Do you have someone helping you manage your benefits - usually called an Appointee? (Anyone who IS an Appointee, Finance Deputy or Finance Lasting Power of Attorney holder should fill out the whole form, please - either with, or for, the person being supported.) *
Do you think your social care charges have gone up (say in the last 3 years) despite your not qualifying for any new or any higher DWP benefits? *
What are the main reasons for having this basic Unlawful Charges Check? You can choose more than one, if several apply. *
Do you want to ask us to use donations received from the public to finance this charges check? Please note that payment has to be made regardless, but may be refunded after part 2 of your form has been received, in our discretion. *

Fill in ONE of the next 2 statements please: put YOUR name in the first box, if you're doing this for yourself, (or the name of a friend or relative with NO formal legal authority for managing your money, if they want to pay instead out of their own money). Fill out the SECOND BOX with the name of a Financial Representative if there IS someone with formal legal authority to manage your money.

1. I certify that I understand and agree to pay a £35.00 charge (no VAT) to CASCAIDr for a basic legality check of the financial assessment for adult social care services done by the council of the above named benefit recipient, in light of the Norfolk case, to see if the named individual benefit claimant should or could be asking for a refund.

2. I certify that I understand and agree to 'pledge the credit' of the named benefit claimant above for the purposes of paying a £35.00 charge (no VAT) to CASCAIDr for a basic legality check of the financial assessment for adult social care services done by the council of the above named benefit recipient, in light of the Norfolk case, to see if the named individual benefit claimant should or could be asking for a refund.

[Put your name below if you are the person’s DWP appointee / finance and property deputy or attorney and you have any doubts as to their ability to give you their own consent to making this payment for this transaction. 'Pledging someone’s credit' means that you will use your management powers, through your legal authority to manage benefits or finances, to process the payment from their account.]