Access Social Care safeguards the minimum income guarantee: paving the way for £2.3 million of refunds
Southend-On-Sea Council has announced it will refund approximately £2.3 million to people who were overcharged for their care between 2018 and now.
Access Social Care works with volunteers from Baker McKenzie on a range of community care cases, including charging issues like this one. This case was opened in July 2024, and initially refused by the local authority. After a further complaint from a volunteer from Baker Mckenzie, the local authority accepted they had made a mistake and calculated the minimum income guarantee (MIG) incorrectly for the individual. Since then, it has been reported that hundreds more people were affected, leading to this £2.3 million refund announcement.
The problem arose because disability and carer premiums were not factored into financial assessments. Under the Care Act 2014, councils can charge for care but must ensure individuals retain a minimum income guarantee to meet their daily living needs. This safeguard was not upheld in these cases.
Why does this matter?
At Access Social Care, we see the profound impact of systemic failures every day. This error impacted individuals and their families who were receiving Personal Independent Payments, Disability Living Allowance, or Employment and Support Allowance - who already experience life with significant barriers. Overcharging risks financial hardship, but also their health, dignity, and wellbeing.
Without advice and advocacy, individuals could lose means-tested benefits that they depend on, creating future crisis in a sector that already needs change. The first step is refunding those who were overcharged but the council must ensure that they continue to support individuals so their entitlements are protected.
What needs to change?
This is not an isolated incident, but a reflection of the current issues within the social care sector. Across England, we see local authorities under pressure, implementing rushed systems with insufficient oversight. Incorrect charging assessments has real life consequences:
People go without heating, food, or other essentials to pay care charges
Debt collection and emotional distress
Trust in social care systems is eroded
How we can help
At Access Social Care, we provide free legal advice and support to ensure that people receive the care they are entitled to. This case is a reminder that the law matters and mistakes in the system can have significant consequences – but with legal support they can be put right.
AccessAva can give you straightforward legal information and guidance so you can understand your rights and get the support you need. The advice is free and is written and checked by our specialist lawyers. Just visit https://www.accessava.org.uk/ so we can help you get the support you need.
We will continue to hold councils and government to account to protect people’s rights and dignity.
As reported by the BBC https://www.bbc.co.uk/news/articles/clyg0lx7jnlo
