Unpacking the social care means test

Disability related expenditure – what is it and why is it important?

For people being assessed to receive social care at home, disability related expenditure can have a significant impact on what amount of money a local authority decides they can contribute towards meeting their care needs.

Once it is confirmed that a person has eligible needs under the Care Act, the local authority will carry out a financial assessment in accordance with Care Act sections 14, 17  and the associated charging regulations. Where a person’s care is to be provided in a non-residential setting (such as their own home or supported living environment for example), what they are assessed as being able afford to contribute can be ‘off-set’ by disability related expenditure.

Depending on a person’s outgoings, disability related expenditure agreed by the local authority can have the effect of reducing or removing altogether the assessed contribution.

What is disability related expenditure?

Disability related expenditure – or DRE – is essentially any expense incurred by the individual as a direct result of their disability. The Care Act statutory guidance does not include a prescriptive list of DRE, but commonly accepted forms may include:

• Household costs, such as a cleaner, excess energy costs, gardening, excess laundry costs

• Transport costs, such as public transport to/from respite or shopping trips, taxis for essential journeys

• Personal care expenses, such as additional care support included within the care and support plan, specialist bed linen, clothing or specialist footwear, chiropody

• Equipment and adaptations, such as bath/shower equipment (i.e. Closomat toilet and ongoing maintenance or hoisting equipment), specialist bed, stair lift, walking aids or wheelchairs, other relevant specialist equipment, telecare equipment and monitoring, broadband/internet access for the visually impaired.

The key to all of this is that the expense must be found to directly arise from the person’s disability.

Can deputyship administration costs be included as legitimate disability related expenditure?

Wrigleys look after the affairs of a large number of clients who are unable to make decisions to manage their property and finances as a result of their disability.  Two decisions from the Local Government and Social Care Ombudsman, both from 2021, have confirmed that deputyship administration costs are capable of being legitimate disability expenditure as these arise directly in consequence of the person’s disability.

In complaints upheld against Essex County Council [19 008 474] and Cornwall County Council [20 005 073], the Ombudsman confirmed that deputyship fees are legitimate disability related expenditure. Accordingly, the following deputyship administration costs should be listed within the financial assessment, form alongside the client’s other disability related expenditure:

• Deputyship administration costs: either full, or fixed;

• OPG supervision fee

• Deputyship security bond

• Costs draftsman fees

• Senior Court Cost Office assessment fee (if applicable)

Whilst agreement to specific types of DRE remains at the discretion of the local authority, the confirmed decisions above suggest that deputyship administration costs should be accepted without the need to escalate to a complaint.

A more recent Ombudsman decision is particularly helpful on an authority’s ability to exercise discretion when deciding what it will or will not consider as DRE. The decision from September 2025 upheld a complaint against Cheshire East Council [24 017 816] where the authority had set a financial limit for DRE. The Ombudsman confirmed that a local authority must not fetter its discretion by applying blanket policies, and all claims for DRE must be considered on their own set of facts.

At Wrigleys, we understand the challenges faced by individuals and families navigating the complexities of social care assessments. Our team of experienced lawyers is dedicated to helping you challenge the outcomes of social care assessments, ensuring that you receive the support and care you deserve. Whether you need assistance with an appeal, advice on your rights, or advocacy to resolve a complaint, Wrigleys is here to help you every step of the way.

If you have any questions or we can assist, please contact any member of the Health and Care team 0114 267 5588.

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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.