Claiming Social Care Support for Medical Cannabis Patients in the UK
If you receive a social care package from your local authority, you may be able to have your CBPM prescription costs assessed as Disability Related Expenditure — potentially reducing your social care charges.
What Is DRE?
Disability Related Expenditure (DRE) covers the extra costs associated with managing a health condition. Under the Care Act 2014, verified DRE is disregarded in financial assessments, meaning it can reduce how much you pay for social care.
Key Point
A successful DRE claim does not mean the NHS pays for your cannabis prescription. It means your prescription costs are excluded from the calculation of your social care contribution, reducing your charges.
How Financial Assessments Work
Under Section 14 of the Care Act 2014, local authorities can charge for social care, but they must ensure that such charges are fair and transparent. A financial assessment will factor in savings, pension and benefit income, and disability benefits. The assessment must disregard verified Disability Related Expenditure.
How to Claim CBPM Costs as DRE
To claim, you must provide evidence demonstrating that CBPM is a necessary treatment for your condition and that no effective alternative medications are available through the NHS. Many councils require support from a GP or healthcare consultant rather than evidence from a cannabis prescriber alone.
If Your Claim Is Denied
If your local authority rejects your request to classify CBPM costs as DRE, you can:
- File a formal complaint with the council, following their internal complaints procedure
- If unresolved, escalate to the Local Government and Social Care Ombudsman (LGSCO), which will independently assess your case
Case Law
Recent Ombudsman Precedent
LGSCO Reference: 24 001 331 — Brighton & Hove City Council
In this recent case, Brighton & Hove City Council was found at fault for mishandling a social care assessment for a patient requesting that their CBPM costs be included as DRE. The Ombudsman identified three key failures:
- Failure to Consider Medical Evidence: The patient provided evidence that alternative medications posed serious health risks. The council appeared to disregard these critical points in its assessment.
- Lack of Transparency: The council claimed the patient's cannabis medication costs were "unreasonable," yet failed to provide a clear justification for its decision.
- Injustice to the Patient: The absence of a thorough review means the patient cannot be confident that her request was properly evaluated — a clear injustice under the Care Act 2014.
Patients who encounter similar challenges are encouraged to challenge decisions through formal complaints and escalate to the Ombudsman if necessary. Councils rarely refuse Ombudsman recommendations.
| Step | Action | Evidence Needed |
|---|---|---|
| 1 | Request a financial assessment and declare CBPM costs | Prescription records, cost evidence |
| 2 | Submit DRE evidence with GP/consultant support letter | GP or specialist letter confirming necessity |
| 3 | If refused, file formal complaint with the council | All correspondence and medical evidence |
| 4 | Escalate to LGSCO if complaint unresolved | Full case history for independent review |
Further Guidance
The Local Government and Social Care Ombudsman and Care Act Statutory Guidance are key resources for patients navigating this process.
