This third stage is where the local council is allowed to determine how much an individual who requires social care should have to live on. They are allowed to do this without any external inspection or challenge by the people affected. Councils do not have to have regard to the level of benefits that the state decides that they should have because of their particular circumstances.
They are able to treat a single person without a disability who requires social care as needing the same level of income as a person with profound and complex learning disabilities.
In Scotland the most common practice is for local authorities to take the basic Income Support, the basic Disability Premium and add 16.5% on top. This is roughly £120 per person per week for those under 60. A higher rate of about £170 applies to those over the age of 60 based on the Pension Credit Level.
Most councils also have a couples disregard set using a similar formula. A very small number of councils treat couples as two individuals.
In addition to this housing costs and council tax will be allowed for. The full amount of any award of the Mobility Component of Disability Living Allowance is treated as an allowable expense.
Where no night time care is provided and the person is in receipt of the Higher Rate of the Care Component of Disability Living Allowance then an allowable expense of the difference between the middle rate and higher rate is made, currently this is roughly £26 per week
Where an individual is in work, the appropriate personal disregard is applied, in most cases an additional £20. As a result where a person requiring some social care support is in employment and not drawing on any income related state benefits they will at best be £20 better off than those not in work.