Example
Mr C applied for a community care grant in order to obtain a new electric cooker. The applicant’s current cooker had developed a fault; the hob worked but the oven and the grill functions did not. The applicant suffered from COPD and heart trouble, as well as type one diabetes and mobility issues. It was suggested that the applicant’s ability to manage his diabetes would be affected by his reduced range of cooking options.
The council declined the application on the basis that the applicant, who received the higher rate of Disability Living Allowance (DLA), state pension and an occupational pension, was not on a low income. This decision was upheld at first tier review.
Mr C asked SPSO for an independent review. We disagreed with the council’s assessment of the applicant’s income. Section 8.31 of the Guidance explained that the applicant’s DLA, in this case used to fund a Motability vehicle, is excluded when calculating the applicant’s income. We also noted that despite having income from an occupational pension the applicant qualified for and received housing benefit.
However, we determined that the applicant did not meet the qualifying criteria for an award. Based in part on advice received from the GP adviser to the SPSO, that we did not deem the applicant to be at risk of care (s8.8 to 8.12 of the SWF guidance) or to be facing exceptional pressure as a result of not having a fully functional cooker, and did not assess that an award of a new cooker would eliminate the pressures the applicant faced in relation to his on-going medical conditions. We provided feedback to the council about their assessment of low income and that their decision letters had shortened the qualifying criteria, which changed their meaning.