Local Authority Funding for Care – How much will they pay?
IMPORTANT CHANGES – CORONOVIRUS
The Coronavirus Act 2020 may impact on care assessment and funding by a Local Authority or Clinical Commissioning Group.
Care Act 2014 assessment, care planning and review duties (including financial assessments) may be temporarily stopped with councils only having to meet needs to avoid human rights breaches.
The Care Act 2014
The Care Act 2014 is a reforming law. Modernising the legal framework for health and social care in England. It received Royal Assent on 14th May 2014 and is supported by the Care and Support Regulations and Statutory Guidance. Part 1 came into force on 1st April 2015, Part 2 has been delayed and planned for 2020 but a cap on care costs has been scrapped and further funding reform is under review.
Care and Support needs assessment
A National criteria for assessing care and support needs was introduced from 1st April 2015 under the Care Act 2014. Local authorities must promote well-being when carrying out any of their care and support functions.
Once assessed with an eligible care need a financial assessment will determine any client and/or Local Authority contribution.
The care and support planning process will determine what type of accommodation will best suit the person’s needs. As part of that, the local authority must provide a personal budget. The personal budget is defined as the cost to the local authority of meeting the person’s needs which the local authority chooses or is required to meet.
A Local Authority has the discretion to choose whether or not to charge following a care needs assessment but apart from some services which must be provided for free Adult Social Care (unlike NHS services) are usually means tested. When a Local Authority charges for care and support services they must follow the Care and Support (Charging and Assessment of Resources) regulations and have regard to the Care and Support Statutory Guidance.
Financial Assessment – common elements
The following rules apply to financial assessment for both residential care and care at home;
Residents with over £23,250 savings/capital will meet the full costs of their care and are considered able to pay for their own care in full.
Residents with between £14,250 and £23,250 will make a contribution from their savings/capital as a tariff income of £1.00 for every £250 or part of, a contribution from income will also be assessed
Residents with Savings/Capital below £14,250 will not make a contribution from capital, but a contribution from income will be assessed.
Care at home
Because a person who receives care and support outside a care home will need to pay their daily living costs charging rules ensure they have enough money to meet these costs. For care at home, after charging a person must be left with the appropriate minimum income guarantee plus a 25% buffer.
Care in a Care/Nursing home
You will retain a Personal Expenses Allowance of £24.90 per week. If the Local Authority allows you to defer paying for your care against the value of a property, used as security (Deferred Payment Agreement), you may keep up to £144 per week. Please ask us to explain these rules to you as they do not apply to everyone who owns a house.
Telephone: 0800 999 25 27
Remember it is an individual’s care need being assessed and so an individual’s ability to contribute towards the cost that will be financially assessed, any joint savings will be halved a financial assessment.
If you give away an asset or do not claim an income or benefit entitlement available to you and the Local Authority and/or DWP decide that this was done with a deliberate intention to avoid paying for your care/ accommodation costs or to access a benefit entitlement then they may treat you as still owning or having it and the financial assessment will include the amount as notional income/capital.