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Direct payments and divorce

Hello, this is my first post and I just wondered if anyone out there has had the same experience as I’m stuck to know what to do.

I get direct payments to pay for carers however I’m just about to go through a divorce and the council have told me I will lose my direct payments once there is a divorce finalised because the income is treated differently. Has anybody experienced this ?

I think I’m about to lose my direct payments which would be fairly disastrous !

Thankyou

Hiya Jo,

Whoever told you that have got it wrong; I think? It seems obvious and logical to me that your soon to be ex-husband must contribute; either financially or in some way for your care. Take that away and you will want more help not less.

At present; in some way; his earnings must go towards any assimilation of your needs. Take that away and you will want more.

George

Hi Jo

I agree with George on this. It seems crazy that losing the theoretical support of a spouse means the council will take away the support they provide. Your household income will go down, which should mean you have greater need. I think it would be worth speaking to your local Citizens Advice Bureau, and also somebody else on your council’s direct payment team, to clarify whee things stand.

Dan

I would say divorce (having gone through one) will impact your finances HOWEVER its too soon to say how. Once he has “left the building”, so to speak, DO notify DP and DWP and ESA if you are on it. This qualifies as “change in circumstances” and they will be miffed if you don’t.

They may all want you to fill in a financial assessment form again. Presumably you no longer have access to his earnings or savings so DP can’t count those as YOUR assets.

From my own experience, being seperated - until the decree nisi comes thru, is a bit of a grey area. Doesn’t stop him emptying any joint accounts. Check whose name the utilities are in. So yes do tell the appropriate bodies and keep them informed. They proably won’t do anything untill theoretical becomes actual fact.

If the direct payments are paid to your husband for your care then you could loose them.We were on direct paymnets for cleaners and they were paid to my partner,because if they had been paid to me then i would have had to pay something towards the cleaner,but because they were in my partners name i did not have to.You will need to be reassessed you wont loose them but you might have to pay towards your care,which is so wrong but its how the system works.

I was getting DP and when my husband died well before then I was left money by my mum when she passed which took me over the savings threshold. I lost the money support but still had my 10 hours care but i had to pay for it. I think the savings threshold is 23,250.

However I used this money to sort our house out so slowly it came down.

Then when my husband died it made no difference to my DP. I only asked for a new financial assessment as my money went back down the threshold. I had a full and thorough check with a new social worker then a new financial assessment.

I lost hours but gained because they pay me more per hour for my care worker. I went from 10 hours to 7.5. However, I get a pension (full) and I got enhanced mobility and care. Because i get the full care i know have to pay 42.00 a week towards my DP.

It helps a bit, but really they get you always dont they.

You need to contact your adult services team, and your social worker who did the assessment as if your now on your own, you might get more hours (although i didnt they are cutting right back i have to say). Once you get to see your social worker they will trigger the team who deal with the financial side of the direct payments. I find it easier now as I dont use an intermeidary as i only use a self employed PA. I just send money to a portal and set up a direct payment within the portal and its paid direct to the PA.

It was a bit complicated. I was happy i kept even 7.5 to be honest. I was getting 10.00 an hour but they have shifted it to 12.00 as that is what my self employed care worker gets.

You should not loose your DP though. Its a process you have to go through but hopefully you might end up better off.

Another thing to mention is that if you do end up paying for your own care - and not DP, you are free from the restrictions they place on such hours. I have 4 hours, cut from 6 and its “personal care” only. Had to fight for a hours swimming as I need the help getting dressed afterwards.

Thats now “under review” . Nothing to do with divorce. However if I do end up employing a PA myself, I can set the tasks I need doing and not strictly personal care!!