20.1 If a person is struggling to pay for their care, the council encourages a person or their representative contact us straight away so we can check their circumstances and make sure their charges are correct.
20.2 If there is no error in the financial assessment, or a waiver request is denied, the council may start the debt recovery process.
20.3 Services cannot be withdrawn because a person refuses to pay their contribution. The council, however, will pursue a debt in accordance with the council’s Debt Recovery procedures.
Invoiced client contributions
20.4 Once a person has completed their financial assessment and receives the first invoice from the date care started, payment is due immediately.
20.5 All future invoices are also due immediately.
20.6 The person or their representative will receive a reminder 21 days following the invoice date if the invoice remains unpaid.
20.7 If the invoice remains unpaid, the person or their representative will receive a final demand.
20.8 Once the final demand has been sent, we may refer your debt to our debt recovery team within 60 days from the date of the invoice. The debt recovery team will contact the person to find out the reason for non-payment and to discuss appropriate options to bring their account up to date.
20.9 The Care Act allows the council to begin legal proceedings where all reasonable attempts to recover debt have been made. This means someone may be taken to court to recover the cost of care and incur in addition court costs.
Direct payment client contributions
20.10 Many people who receive care packages arranged by the council can choose to receive cash payments instead of commissioned services, to allow them to arrange their own care.
20.11 When someone has a direct payments, the council will look at someone’s personal budget, deduct the amount of their contribution before the direct payment is made to their payment card account.
20.12 Unlike invoiced contributions, the person must pay their client contributions into their payment card account four-weekly.
20.13 If a person does not pay their full client contribution into the payment card account, the council may suspend or stop a person’s direct payment and meet their needs in a different way.
20.14 The person will be invoiced for their missed client contribution.
20.15 If this invoice is unpaid, the person may be referred to the debt recovery team.
Please see the Direct Payments Policy for more information.
Outstanding payments following bereavement
20.16 If a person dies with outstanding costs of care not covered by a deferred payment, the council will work sensitively with the person’s next of kin/executor.
20.17 The council will assume there is enough money in a person’s estate to pay for the outstanding care costs, unless evidence to show otherwise is provided.
20.18 The council understands the process of going through probate is a difficult time and will keep in touch to see how things are progressing.
Deferred payments
20.19 There are slightly different rules and processes when the debt to the council is from a Deferred Payment.
20.20 A Deferred Payment is due:
- On completion of the house sale or
- 90 days after a person’s death
20.21 If the Deferred Payment is not paid as above, the team may refer to case to the debt recovery team.
Please see The Deferred Payments Policy for more information.
Disputes
20.22 If there is a dispute on the invoice, for example, the date of care is incorrect, or the person feels they have been overcharged, the council will work to rectify this upon notification.
20.23 A person or their representative will not be chased for payment by the debt recovery team until the council is satisfied of the outcome of the dispute, however the debt recovery officers may be the officer leading the investigation.
20.24 Any other invoices received while the dispute it on-going, are due for payment, unless a separate dispute is raised.
