Source: GOV.UK published on this site Monday 27th February 2017 by Jill Powell
The changes are:
Chapter 2: Preventing, reducing or delaying needs
Paragraph 2.51
…(also see chapter 6, paras. 6.44 to 6.53, about the whole family approach to assessment)
now reads:
…(also see chapter 6, paras. 6.65 to 6.71, about the whole family approach to assessment)
Paragraph 2.60 changed from:
‘2.60 The regulations require that intermediate care and reablement provided up to 6 weeks, and minor aids and adaptations up to the value of £1,000 must always be provided free of charge (see also 8.14).’
to:
‘2.60 The regulations require that intermediate care and reablement must be provided free of charge for up to 6 weeks, as must aids and minor adaptations (ie. adaptations up to the value of £1,000) (see also 8.14).’
Chapter 6. Assessment and eligibility
Paragraph 6.71 has been split into 2 separate paragraphs 6.71 and 6.72
6.72 Inappropriate caring responsibilities should be considered as anything which is likely to have an impact on the child’s health, wellbeing or education, or which can be considered unsuitable in light of the child’s circumstances and may include:
personal care such as bathing and toileting
carrying out strenuous physical tasks such as lifting
administering medication
maintaining the family budget
emotional support to the adult
All preceding paragraph numbers updated to reflect this change.
Paragraph 6.99
The last sentence: ‘What is the national eligibility threshold for adults needing care?’ has been changed to a heading.
6.121
The following text was deleted
6.121 The following section of the guidance provides examples of how local authorities should consider the outcomes set out in the Eligibility Regulations when they determine whether a carer meets the eligibility criteria.
To be eligible, a carer must be unable to achieve any of the following outcomes as a result of their caring duties:
- carrying out any caring responsibilities the carer has for a child
- local authorities should consider any parenting or other caring responsibilities the carer has for a child in addition to their caring role for the adult. For example, the carer might be a grandparent with caring responsibilities for their grandchildren while the grandchildren’s parents are at work.
- providing care to other persons for whom the carer provides care
- Local authorities should consider any additional caring responsibilities the carer may have for other adults. For example, a carer may also have caring responsibilities for a parent in addition to caring for the adult with care and support needs.
- maintaining a habitable home environment
- local authorities should consider whether the the carer is able to maintain a safe home which is an appropriate environment to live in and whether it presents a significant risk to the carer’s wellbeing. A habitable home should be safe and have essential amenities such as water, electricity and gas.
- managing and maintaining nutrition
- local authorities should consider whether the carer has the time to do essential shopping and to prepare meals for themselves and their family
- developing and maintaining family or other significant personal relationships
- local authorities should consider whether the carer is in a position where their caring role prevents them from maintaining key relationships with family and friends or from developing new relationships where the carer does not already have other personal relationships
- engaging in work, training, education or volunteering
- local authorities should consider whether the carer can continue in their job, and contribute to society, apply themselves in education, volunteer to support civil society or have the opportunity to get a job, if they are not in employment
- making use of necessary facilities or services in the local community
- local authorities should consider whether the carer has an opportunity to make use of the local community’s services and facilities and for example consider whether the carer has time to use recreational facilities such as gyms or swimming pools.
- engaging in recreational activities
- local authorities should consider whether the carer has leisure time, which might for example be some free time to read or engage in a hobby
And replaced with:
6.123 The following section of the guidance provides examples of how local authorities should consider the outcomes set out in the Eligibility Regulations when they determine whether a carer meets the eligibility criteria. To be eligible, a carer must be unable to achieve any of the following outcomes:
- carrying out any caring responsibilities the carer has for a child Local authorities should consider any parenting or other caring responsibilities the carer has for a child in addition to their caring role for the adult. For example, the carer might be a grandparent with caring responsibilities for their grandchildren while the grandchildren’s parents are at work.
- providing care to other persons for whom the carer provides care Local authorities should consider any additional caring responsibilities the carer may have for other adults. For example, a carer may also have caring responsibilities for a parent in addition to caring for the adult with care and support needs.
- maintaining a habitable home environment Local authorities should consider whether the condition of the carer’s home is safe and an appropriate environment to live in and whether it presents a significant risk to the carer’s wellbeing. A habitable home should be safe and have essential amenities such as water, electricity and gas.
- managing and maintaining nutrition Local authorities should consider whether the carer has the time to do essential shopping and to prepare meals for themselves and their family.
- developing and maintaining family or other significant personal relationships Local authorities should consider whether the carer is in a position where their caring role prevents them from maintaining key relationships with family and friends or from developing new relationships where the carer does not already have other personal relationships.
- engaging in work, training, education or volunteering Local authorities should consider whether the carer can continue in their job, and contribute to society, apply themselves in education, volunteer to support civil society or have the opportunity to get a job, if they are not in employment.
- making use of necessary facilities or services in the local community Local authorities should consider whether the carer has an opportunity to make use of the local community’s services and facilities and for example consider whether the carer has time to use recreational facilities such as gyms or swimming pools.
- engaging in recreational activities Local authorities should consider whether the carer has leisure time, which might for example be some free time to read or engage in a hobby.
- As a consequence of that fact there is, or there is likely to be, a significant impact on the carer’s wellbeing
Paragraph 6.128
The following text has been removed from ‘Outcomes’ and moved to ‘Wellbeing’
control by the individual over day-to-day life (including over care and support provided and the way it is provided)
participation in work, education, training or recreation
social and economic wellbeing
domestic, family and personal relationships
suitability of living accommodation
the individual’s contribution to society
Chapter 8: Charging and financial assessment
23 February 2017
Added new bullet point in 15) (c) War Pension Scheme payments made to veterans with the exception of Constant Attendance Allowance payments
Add paragraph 8.21a
Add new bullet point in 29) (l) Payments made to Veterans under the War Pension Scheme with the exception of Constant Attendance Allowance
Paragraph 8.34 changed from:
8.34 Where a person is a temporary or short-term resident in a care home, a local authority may choose to charge based on its charging policies outside of a care home. For example, where a person is resident in order to receive respite care, for the first 8 weeks a local authority may choose to charge based on its approach to charging for those receiving care and support in other settings or in their own home.
to:
8.34 Where a person is a short-term or temporary resident there is a degree of discretion or modified charging rules to take account of this.
a short-term resident is someone provided with accommodation in a care home for a period not exceeding 8 weeks, for example where a person is placed in a care home to provide respite care. Where a person is a short-term resident a local authority may choose to assess and charge them based on the rules for care or support arranged other than in a care home.
a temporary resident is someone whose stay in a care home is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks. Because a temporary resident is expected to return home their main or only home is usually disregarded in the assessment of whether and what they can afford to pay. In addition, for example, certain housing-related costs are also disregarded in the financial assessment.
Chapter 9: Deferred payment agreements
21 October 2016: paragraph 9.67 changed from:
9.67 The national maximum interest rate will change every 6 months on the first of January and July respectively, to track the market gilts rate specified in the most recently published report by the Office of Budget Responsibility. This is currently published in the Economic and Fiscal Outlook, which is usually published twice-yearly alongside the Budget and Autumn Statement. Local authorities must ensure that any changes to the national maximum rate are reflected within their authority and are applied to any agreements they have entered into (unless they are already charging less than the national maximum). Individual agreements must also contain adequate terms and conditions to ensure that the interest rate within any given agreement does not exceed the nationally-set maximum.
to:
9.67 The national maximum interest rate will change every 6 months on the first of January and July respectively, to track the market gilts rate specified in the most recently published report by the Office of Budget Responsibility (OBR) plus a 0.15% default component (for example, gilt rate 1% plus 0.15% equals a maximum interest rate of 1.15%). The market gilt rate is currently published in the Economic and Fiscal Outlook, which is usually published twice-yearly alongside the Budget and Autumn Statement on the OBR website. The web page shows the latest statement but past statements can be found by clicking on ‘choose’ under the ‘previous forecasts’ heading on the page. The market gilt rate figures are near the bottom of the table: Determinants of the fiscal forecast.
Local authorities must ensure that any changes to the national maximum rate are reflected within their authority and are applied to any agreements they have entered into (unless they are already charging less than the national maximum). Individual agreements must also contain adequate terms and conditions to ensure that the interest rate within any given agreement does not exceed the nationally-set maximum.
