As a Professional Deputy for clients who are receiving interim Personal Injury payments or final Personal Injury (PI) settlements or awards, you will be aware that Double Recovery can be a highly contentious issue. It is common for Local Authority Social Services departments to assert that a PI settlement should be included in the financial assessment means-test for your clients who receives care at home or in a care home. It is also quite common for NHS Clinical Commissioning Groups to ask questions about your client’s PI award, although care and support from the NHS can never be means-tested.
The issue of Double Recovery is where someone with a PI settlement, including an award for future care needs, is also entitled to state funded care, and whether this amounts to “double recovery”.
There is no simple answer to this question and it is a legal “grey area”. There is little precedent case law and none that specifically addresses the rules under the Care Act 2014. The Local Government and Social Care Ombudsman (LGSCO) has made strong recommendations in several Double Recovery cases, which is helpful but LGSCO reports are not legally binding.
When Double Recovery is used as a justification to refuse or delay your client’s statutory funding, it will be necessary to analyse the specific individual factors in your client’s case.
Our Community Care Law team apply the law and guidance to your client’s case and work with you to successfully resolve Double Recovery disputes. In most cases, we achieve successful resolution through negotiation and Round Table Meetings with the Local Authority’s Legal Team. However, we may have to threaten Judicial Review proceedings if funding issues can’t be resolved. We are experienced litigators and can provide you with the documentation and arguments necessary to support your application for specific authorisation to the Court of Protection under Re: ACC.
Our expert Community Care Law solicitors have significant experience challenging Health and Social Services decisions about statutory funding entitlement for adults and children with PI settlements. A successful challenge will save many thousands of pounds in care fees for your client each month.