The Care and Support (Charging and Assessment of Resources) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2672 |
| Year | 2014 |
2014No. 2672
SOCIAL CARE, ENGLAND
The Care and Support (Charging and Assessment of Resources) Regulations 2014
22ndOctober2014
30thOctober2014
The Secretary of State makes these Regulations in exercise of the powers in sections 14(5) to (8), 17(7) to (13) and 125(7) and (8) of the Care Act 2014( 1).
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) Regulations 2014 and come into force immediately after sections 14(5) and 17(7) of the Act are both fully in force.
Interpretation
2. (1) In these Regulations-
"the Act" means the Care Act 2014;
"the 1992 Act" means the Social Security Contributions and Benefits Act 1992( 2);
"the adult" in relation to a financial assessment carried out by a local authority for the purposes of section 17(1), (3) or (4) of the Act means the adult or, as the case may be, the carer in respect of whom the authority is carrying out the financial assessment;
"armed forces independence payment" means armed forces independence payment under the Armed Forces and Reserved Forces (Compensation Scheme) Order 2011( 3);
"attendance allowance" has the same meaning as in the Income Support Regulations;
"care home" means a care home (within the meaning given in section 3 of the Care Standards Act 2000( 4)) in respect of which a person is registered under the Health and Social Care Act 2008( 5) for the regulated activity of the provision of residential accommodation together with nursing or personal care;
"carer premium" means a carer premium under the Income Support Regulations;
"child benefit" means a child benefit under the 1992 Act;
"child tax credit" means a child tax credit under the Tax Credits Act 2002( 6);
"council tax" is to be construed in accordance with section 1(1) of the Local Government Finance Act 1992( 7);
"couple" has the same meaning as in the Income Support Regulations;
"disability living allowance" means a disability living allowance under the 1992 Act;
"disability premium" means a disability premium under the Income Support Regulations;
"employed earner" is to be construed in accordance with section 2(1)(a) of the 1992 Act( 8);
"enhanced disability premium" means an enhanced disability premium under the Income Support Regulations;
"guardian's allowance" means a guardian's allowance under the 1992 Act;
"income support" means income support under the 1992 Act;
"Income Support Regulations" means the Income Support (General) Regulations 1987( 9);
"lone parent" has the same meaning as in the Income Support Regulations;
"partner" has the same meaning as in the Income Support Regulations;
"Pension Credit Regulations" means the State Pension Credit Regulations 2002( 10);
"pension credit age" means the qualifying age for state pension credit within the meaning of section 1(6) of the State Pension Credit Act 2002;
"permanent resident" means a resident who is not a temporary resident or a short-term resident;
"personal independence payment" means a personal independence payment under Part 4 of the Welfare Reform Act 2012( 11);
"personal pension scheme" has the same meaning as in the Income Support Regulations;
"prospective resident" means a person for whom accommodation in a care home is proposed to be provided under the Act;
"resident" means a person who is provided with accommodation in a care home under the Act;
"savings credit" means a savings credit under the State Pension Credit Act 2002;
"self-employed earner" is to be construed in accordance with section 2(1)(b) of the 1992 Act;
"severe disablement occupational allowance" means a severe disablement occupational allowance paid under article 10 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006( 12) or under article 16 of the Personal Injuries (Civilians) Scheme 1983( 13);
"short-term resident" means a person who is provided with accommodation in a care home under the Act for a period not exceeding 8 weeks;
"temporary resident" means a resident whose stay is-
(a) unlikely to exceed 52 weeks; or(b) in exceptional circumstances, unlikely to substantially exceed that period;"working tax credit" means a working tax credit under the Tax Credits Act 2002.
(2) Where reference is made in these Regulations to the application of a provision in the Income Support Regulations, any reference to "claimant" in the provision of the Income Support Regulations is to be construed as a reference to the adult concerned.
(3) In these Regulations any reference to a resident's accommodation in a care home, or to accommodation provided for a resident in a care home, is to be construed in the case of a resident who is a prospective resident as a reference to accommodation to be provided for that resident under section 18, 19 or 20 of the Act.
PART 2
Power of the local authority to charge for care and support
Services to be provided free of charge
3. (1) A local authority( 14) must not make a charge for meeting needs under section 14(1) of the Act where the care and support, or support which is provided to an adult, under section 18, 19 or 20 of the Act, is a service specified in paragraph (2)(a) or (b).
(2) The following are specified-
(a) a service which consists of the provision of community equipment (aids and minor adaptations);(b) intermediate care and reablement support services for the first 6 weeks of the specified period or, if the specified period is less than 6 weeks, for that period.(3) In this regulation-
"community equipment (aids and minor adaptations)" means an aid, or a minor adaptation to property, for the purpose of assisting with nursing at home or aiding daily living and for the purposes of this paragraph, an adaptation is minor if the cost of making the adaptation is £1,000 or less;
"intermediate care and reablement support services" means care and support, or support provided to an adult by the local authority under section 18, 19 or 20 of the Act which-
(a) consists of a programme of care and support, or support;(b) is for a specified period of time ("the specified period"); and(c) has as its purpose the provision of assistance to an adult to enable the adult to maintain or regain the ability needed to live independently in their own home.Adults to whom services are to be provided free of charge
4. A local authority must not make a charge for meeting needs under section 14(1) of the Act where the care and support is provided to an adult, under section 18, 19 or 20 of the Act, suffering from variant Creutzfeldt-Jakob disease.
Costs of putting in place arrangements to meet needs
5. Where a local authority is meeting needs because Condition 2 in section 18, or Condition 2 or 4 in section 20, of the Act is met, the charge the authority may make under section 14(1)(b) of the Act may only cover the cost that the authority incurs in putting in place the arrangements for meeting those needs.
Personal expenses allowance for residents or temporary residents provided with accommodation in a care home
6. The amount specified for the purposes of section 14(7) of the Act( 15) in relation to a resident or temporary resident provided with accommodation in a care home is £24.40 each week.
Minimum income guaranteed amount for other adults and carers whose needs are being met otherwise than by the provision of accommodation in a care home
7. (1) Subject to paragraph (8), the amount specified for each week for the purposes of section 14(7) of the Act ("the minimum income guaranteed amount") in relation to the adult concerned specified in paragraph (2), (3), (4), (5), (6) or, as the case may be, (7) is the aggregate of-
(a) the amount specified in relation to that adult in that paragraph( 16);(b) where the adult concerned is responsible for, and a member of the same household as, a child, the amount of £82.95 in respect of each child; and(c) any applicable premium under paragraphs (4) to (7).(2) Where the adult concerned is a single person and-
(a) is aged 18 or older but less than 25, the amount of £71.70;(b) is aged 25 or older but less than pension credit age, the amount of £90.50;(c) has attained pension credit age, the amount of £185.45.(3) Where the adult concerned is a lone parent aged 18 or over, the amount of £90.50.
(4) Where the adult concerned is a member of a couple and-
(a) one or both are aged 18 or over, the amount of £71.05;(b) one or both have attained pension credit age, the amount of £141.55.(5) Where the adult concerned is a single person who is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of-
(a) disability premium, the amount of the applicable premium is £39.85;(b) enhanced disability premium, the amount of the applicable premium is £19.45.(6) Where the adult concerned is a member of a couple and one member of that couple is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of-
(a) disability premium, the amount of the applicable premium is £28.35;(b) enhanced disability premium, the amount of the applicable premium is £13.95.(7) Where the adult concerned is in receipt of, or the local authority considers would, if in receipt of income support be in receipt of, carer premium, the amount of the applicable premium is £42.75.
(8) Where a local authority provides non-care related support for the adult concerned the minimum income guaranteed amount in relation to that adult is the amount calculated in accordance with paragraph (1) less an amount equal to the cost the local authority incurs in providing that non-care related support for the adult concerned.
(9) In this regulation-
"the adult concerned" means-
(a) an adult who has needs for care and support under section 18, 19 or 20 of the Act other than the provision of accommodation in a care home;(b) a carer who has needs for support under section 20 of the Act;"non-care related support" includes support which...
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