What can I claim as disability related expenses?

What is Disability Related Expenditure?  

Disability Related Expenditure is the extra costs that arise as a result of disability. It requires disabled people to spend money on goods and services because of their impairment or long-term health condition, (as identified in their care assessment of needs). 

If you receive care and support funded by your local authority, it may have to contribute towards the cost of your care. When a local authority carries out an assessment of your care needs, it conducts a financial assessment. This will determine if they can contribute to your care costs.

The amount they contribute is calculated during a financial assessment. As part of the assessment the local authority is required to consider Disability Related Expenditure (DRE). 

There are certain items of expenditure that you are allowed to deduct from your income before a council decides whether you can afford to contribute to your care costs. 

The Care Act statutory guidance in England states that a local authority must leave you with enough money ‘to pay for necessary disability-related expenditure (DRE) to meet needs which are not being met by the local authority’.

If you can demonstrate a higher level of disability-related expenses, it may bring down the amount that the council or trust charge for your care.

You can get a relative, or someone else you trust, to help you highlight DRE. 

Who is eligible for Disability Related Expenditure?

You may be allowed to deduct DRE, if you are getting a certain disability benefit and the local authority include this in their assessment of your income.

To qualify for DRE, you must be in receipt of Personal Independence Payment (PIP)  or Attendance Allowance.

If you are receiving a certain benefit (e.g. PIP) when carrying out a financial review, the local authority should check whether adequate money is left over , after your general needs are met, to cover any extra DRE.

Types of DRE

Try to think about what is different between what you have to spend day-to-day, compared to someone who does not have your disability.

What is classed as disability related expenses?

Disability-related expenses can include:

• Day or night care you have that is not arranged by the council. This is any care or support that you receive that you pay for.    
• Above average gas, electricity, water bills. E.g. more heating because of a need to keep the home at above average temperature because your condition requires it.
• Water if metered e.g. for toilet use, personal care. This is if your condition requires an above average water level in the home. For example, washing of bedding more often because of a condition such as  incontinence, sweating etc. 
• Healthcare (e.g. massage/physiotherapy/osteopath/acupuncture/chiropractor treatments to support your disability. 
• Certain medication and health-related purchases. For example, pressure relief pads, creams, incontinence pads. 
• Gardening, cleaning, online shopping delivery fees, if you cannot go to the shops because of a disability.
• Taxis if public transport is inaccessible.
• Internet connectivity if needed for wellbeing, monitoring or for disability aids to connect.
• Prescriptions if you don’t have access to free prescriptions. 
• Subscriptions such as personal alarm and app subscriptions.
• Laundry collection and delivery/service washes if you need to wash bedding, clothes more often due to incontinence or specialist washing powder.
• Specialist clothing or footwear.
• Personal Protective Equipment costs.
• Chargeable aids and adaptations (which are not covered under a disabled facilities grant).
• Equipment for monitoring and communication including smartphone/tablets.
• Accessible vehicle costs.

What is not a disability related expense? 

• General daily-living equipment or services not specifically used for a disability or health condition.
• A good or service that can be met by a grant or funder.
• A good or service that can be sourced more cheaply via social care or the NHS.

How to claim Disability Related Expenditure 

• It is up to you to tell your local authority what DRE you have.  You can ask your local authority for information about disability-related expenses.
• You can request a DRE assessment.
• You must provide evidence to your local authority. This takes the form of receipts, invoices or documents such as medical letters, contracts, bank transfers, Amazon orders, care assessments and support plans to prove you have incurred each extra expense because of your disability. 
• If a medical product or service e.g. a therapy session, is provided by the NHS but is not currently available or the specific type available is not suitable for you, you must provide evidence of this. For example a GP letter confirming this. 

How to challenge a DRE decision

If you are unhappy with your local authority’s decision in relation to DRE, you can complain highlighting the reasons why you believe a DRE decision is incorrect. 

• Ask for a copy of the financial assessment as well as reasons for the local authority not accepting your disability-related expenses. This will help form your complaint.
• Ask your GP or other medical professional to give a letter highlighting the need for the expenses required, especially if the item is not available under the NHS. For example, certain vitamins or types of incontinence pads.
• The council (or trust if in Northern Ireland) should take into consideration that you may not be able to give receipts for everything. Your extenuating circumstances should be taken into consideration.
• Challenge the decision with the finance team and ask them to review it, providing extra evidence if possible.
• If you believe that a DRE charge is ‘more than reasonably practicable’ for you to pay, you can complain. You can ask for it to be reduced or waived. You could prepare two lists – one listing your income and another listing expenditure – to show what surplus you have.  
• Local authorities are not permitted to withdraw services if you fail to pay for them. They are allowed to take debt recovery action.  
• If you’re still unhappy, ask for details of the local authority’s complaints procedure.
• If you want to challenge a decision made by a local authority, you could choose a solicitor’s firm which offers legal aid. If you are eligible for legal aid and if the solicitor decides to take your case, you can ask them to write to the council. They will apply for legal aid funding on your behalf. To check to see if you qualify for legal aid. 
• If you are unsatisfied with your local authority’s response to your complaint and have gone through all stages of its complaints process, you can lodge a complaint against it. You can do this by contacting England’s Local Government and Social Care Ombudsman.