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Policy on home care calculations backed

Posted: 21 October 2004 | Subscribe Online


The High Court has given the all-clear for a council to disregard payments to relatives of disabled people when setting home care charges.

Evelyn Stephenson, 78 and disabled, claimed Stockton Council's policy was "positive discrimination" against her because she was not from an ethnic minority. The council makes an exception to the policy if, for "cultural" reasons, some care has to be provided by family members.

Stephenson pays her daughter £45 a week for providing care. But this was disregarded in calculations, resulting in her home care charges doubling to £50 a week.
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But Mr Justice Keith ruled that the council had legitimate reasons for its policy - one of them being the prevention of fraudulent claims.

The "cultural issues" exception recognised things such as some disabled people having food prepared by family members, she said.


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