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Published: October 1, 2022
Version: 3.0
Last Amended: 1 October 2022
Next Review Date: 1 October 2023
1.0 Background
The Independent Living Fund Scotland exists to support independent living for disabled people in Scotland and Northern Ireland. Depending on when recipients joined ILF Scotland, the Fund categorises recipients into different groups, which determines the maximum amount that ILF Scotland can pay in annual awards.
2.0 Policy
2.1 Maximum Payments
The maximum payment ILF Scotland can provide per week in Scotland is:
- Group 1 recipients - £815
- Group 2 recipients - £475
From 1 October 2022, this maximum payment has increased in Northern Ireland only to:
- Group 1 recipients - £1,000
- Group 2 recipients - £600
With effect from 1 October 2018 in Scotland and from 1 October 2022 in Northern Ireland, ILF Scotland can make a payment that results in exceeding the maximum award in the following circumstances:
- uplifts in Social Care Staff Wage rates in any one year
- a cost set on an employer required by legislation effective in Scotland or Northern Ireland
- Scottish Government or the Department of Health Northern Ireland policies obligatory on ILF Scotland recipients
- award adjustments in line with Policy 4 Contribution and at ILF Scotland’s discretion, the Employer Support Information Note
- by exceptional discretion, ILF Scotland’s Management Team can agree to exceed on a case-by-case basis, where necessary to meet local market rates.
Any excess will apply only to the gross ILF element of a total care / support package.
2.2 Averaged payments
ILF Scotland can make a payment above the maximum weekly award in respect of any week throughout the year but it must ensure that the total awards in any one year does not exceed the total, relevant, maximum sum. For averaged payments, ILF Scotland calculates the maximum sum by multiplying the maximum weekly award by the number of weeks the recipient is eligible to receive ILF Scotland funding.
Some recipients have a replacement award at certain times during the year, usually to provide short term care e.g. respite. Recipients can choose to receive a specific payment for the relevant periods or they can choose to receive an averaged payment see Policy 36 - Short-Term Care. ILF Scotland calculates this by dividing the annual cost of support by the number of weeks a recipient is eligible, and pay this as an average weekly amount.
For the purposes of our calculations, the year runs from 1 April to 31 March and consists of 52 weeks. A recipient cannot request that we take into account unspent monies from a previous financial year.
2.3 One-off payments
ILF Scotland can consider making one-off payments to meet non-recurring costs e.g. PVG checks or health and safety training costs provided this does not result in exceeding the relevant recipient group maximum sum.
3.0 Temporary Stays away from Home
If a recipient is admitted to temporary residential care / respite at a registered care home / hospital, ILF Scotland can continue to make payments for up to 28 days. In these circumstances, ILF Scotland recipients should minimise expense and rearrange or cancel support where possible.
ILF Scotland can pay for temporary stays for a maximum of 28 days for each stay and for a maximum of 26 weeks in any 52-week period. Recipients are required to provide ILF Scotland with dates of temporary admissions to residential care, respite and hospital.
ILF Scotland will establish whether the Health & Social Care Partnership / Trust will continue to meet the Threshold Sum during periods of temporary stays in alternative accommodation although it can decide to make a payment whether or not this is the case.
Similarly, it may continue to make a payment whether or not the recipient continues to receive the highest rate of DLA care component (see “linking periods” below).
A recipient can use ILF Scotland funding to:
- pay for care while in temporary residential care, respite at a registered care home or hospital (for a period of up to 28 days)
- pay a retainer to an employed PA
- use at other times – recipients must demonstrate approximately how and when they will spend the award and that it will be in line with ILF Scotland Policy 41 - Use of ILF Scotland Funding.
3.1 DLA/AA/CAA Linking Periods
“Linking periods” occur when a recipient enters hospital or residential care for less than 28 days, is discharged and is then readmitted within 28 days. In such situations, DWP add the period(s) in hospital or residential care together and adjust benefits after a total of 28 days.
Once a recipient returns home, the rate of DLA/AA/CAA they received before going into hospital or respite must resume for payments to continue.
4.0 Unspent money
ILF Scotland recipients may set aside funding during the year to use at different times to meet their independent living outcomes. This might be to meet employer’s costs e.g. National Insurance contributions or holiday pay. Alternatively, a recipient might save for a holiday later in the year.
At any time, recipients may hold a contingency of one week’s funding for unexpected expenditure.
Where a recipient has accumulated unspent money in excess of the allowable amounts outlined above, recipients should return this unspent money to ILF Scotland.
5.0 Overpayments resulting from a change of circumstance
Where a recipient has accrued unspent money because of ongoing changes to care needs, ILF Scotland may consider that a review and reassessment of support requirements is necessary.
If a recipient’s circumstances change and they cease to be eligible for funding part way through a year but have continued to receive ILF Scotland funding, this may result in an overpayment of funds, which will have to be returned to ILF Scotland.
6.0 Review history
Version 1: 1 July 2015
Version 2: 24 May 2021
7.0 Cross References
Policy 4 Contributions
Policy 36 Short Term Care
Policy 41 Use of ILF Scotland Funding
Employer Support Information Note