Feb 2014

EnglandThe Care Act2014

Barbara Booton

The Care Act

AimsPolicy contextThe legal frameworkMain provisions The new care and support systemFurther information and resources

What does it Aim to Achieve?A single modern piece of law for adult care

and support in EnglandReplaces and updates complex and

outdated legislation that has remained unchanged since 1948

Introduces a care and support system that is aimed at being clearer, fairer and fit for the future

Focuses on people’s well-being, supporting them to live independently for as long as possible and in control of their care

Policy context

The legal framework

Summary of the main provisionsPart 1: Care and support Part 2: Care standards Part 3: Health

◦Health Education England (HEE)◦Health Research Authority (HRA)

Part 1 – Care and support Clause No. Topic

1-7 General responsibilities of local authorities

8-13 Meeting needs for care and support

14-17 Charging and assessing financial resources

18-23 Duties and powers to meet needs

24-33 Next steps after assessment

34-36 Deferred payment agreements

37-41 Moving between areas

42-47 Safeguarding adults from risk of abuse or neglect

48-57 Market failure and oversight

58-66 Transition for children to adult care and support

67-68 Independent advocacy support

69-79 Other provisions

Framework

•Underpinning Principle•Wellbeing

•Responsibilities & Key Duties•Prevention•Integration•Information, Advice & Advocacy•Diverse Care markets•Safeguarding

•Key Processes•Assessment & Eligibility•Charging & Financial Assessment•Care & Support Planning

Part 2 – Care standardsClause No.

Topic

80-84 Quality of services

85-87 Care Quality Commission

88-89 Independence of the Care Quality Commission

90 Performance ratings

91-93 False or misleading information

94 Regulated activities

What does the Care Act do?

The Act is built around people.

It introduces:ensures that people’s well-being, and the

outcomes which matter to them, will be at the heart of every decision that is made;

puts carers on the same footing as those they care for;

creates a new focus on preventing and delaying needs for care and support, rather than only intervening at crisis point;

puts personal budgets on a legislative footing for the first time, which people will be able to receive as direct payments if they wish.

The Act makes care and support clearer and fairer, because it:

reforms the funding system for care and support, by introducing a cap on the care costs that people will incur in their lifetime.

will ensure that people do not have to sell their homes in their lifetime to pay for residential care, by providing for a new universal deferred payments scheme;

provides for a single national threshold for eligibility to care and support;

gives new guarantees to ensure continuity of care when people move between areas, to remove the fear that people will be left without the care they need;

includes new protections to ensure that no one goes without care if their providers fails, regardless of who pays for their care;

has new provisions to ensure that young adults are not left without care and support during their transition to the adult care and support system.

The new care and support system

You pay what you can afford towards the cost of your carebut from April 2015 you will be able to defer the payment of residential care fees so that you don’t have to sell your home in your lifetime to pay for care.

Your local authority helps with costs you can’t affordif you have less than £23k of wealth. From April 2016, if you have less than £118k you could receive some financial help with residential care costs.

Care costs after April 2016 are capped at £72k, which is the limit on what you will have to spend on eligible care over your lifetime.Once you have reached the cap your local authority will pay the reasonable costs to meet your eligible care needs for the rest of your life. If you receive financial support then you could spend less than this amount.

Every year your local authority will review your care needs and your financial situation. From April 2016 they also keep a record of how much eligible care you have needed in total.

If you have a care and support need, you should contact your local authority, which can provide…

…an assessment of the care and support you need, what services are right for you and whether you are eligible for state support

You may need care and support if you have a condition such as dementia, or other problems that affect your quality of life or ability to carry out daily activities.

You will still be responsible for some care-related expenses…

If you are in residential care, you will pay a contribution towards your general living expenses, just like you would if you were living in your own home. This contribution is expected to be around £12k a year in 2016.

You are responsible for the cost of any additional services that you choose to have beyond what the local authority would provide, such as having a second bedroom in a care home, or help with lower level care needs.

…info & advice on the services available to help you stay well

…advice on local services and how much they cost

…reablement, rehabilitation & other free services

DH, LGA and ADASS joint programme office

Care Act milestonesKey requirements Timing

Duties on prevention and wellbeing From April 2015

Duties on information and advice (including advice on paying for care)

Duty on market shaping

Assessments (including carers’ assessments)

National minimum threshold for eligibility

Personal budgets and care and support plans

Safeguarding

Universal deferred payment agreements

Extended means test From April 2016

Care accounts

Capped charging system

Further information & resources

The Care Act: www.publications.parliament.uk/pa/bills/cbill/2013-2014/0168/14168.pdf

Explanatory notes:www.official-documents.gov.uk/document/cm86/8627/8627.pdf

19 factsheets and a glossary to accompany the Act: www.gov.uk/government/publications/the-care-bill-factsheets

Learning and development programme:www.skillsforcare.org.uk/Standards/Care-Bill