Agenda item

UPDATE ON CARE BILL

Lead: Joy Hollister

Presentation by Barbara Nicholls

 

Minutes:

The Board received a presentation on the changes to the Care Bill which had been described as the most fundamental changes for a decade.  The bill was due to have its final hearing in the house and should have Royal Assent by April 2014.  The focus of the bill was very much around people’s well-being being at the heart of very decision that is made. It was also proposed to put carers on the same footing as those that they care for.  There would be a new focus on preventing and delaying need for care and support rather than intervening at crisis point and Personal budgets would be put on a legislative footing for the first time which people would be able to receive as direct payments if they wish.  In short the bill would:

 

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

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 fail, 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.

 

A major programme of work was underway to produce the regulations and statutory guidance.  Draft regulations and guidance for 2015/16 would be published for public consultation in May 2014 with the final publication of regulations and guidance in October 2014.

 

The main direct financial implications were:

 

           The upper capital threshold for means-tested support will rise to £118,000 (currently £23,250) from 2016/17.

           A cap will be set at £72,000 for the maximum contribution anyone will make to adult social care.

           People in residential care will pay a contribution of around £12,000 yearly towards general living expenses – ‘hotel costs’.

           There will be a zero cap for people who turn 18 with eligible care and support needs.

        A national minimum eligibility threshold will be introduced. This is likely to be substantial – however substantial, it will be more far reaching than at present.

        A requirement to provide, review and update an ‘independent personal budget’ for people who have eligible care needs but do not meet financial criteria.

        This notional budget will allow the individual to progress towards the care cap. It will be based on the amount that the local authority would pay for care – not the amount the self-funder might choose to pay.

           Introduces the ‘Care Account’ – to be managed by LA – and transferrable if the person moves.

           Care Account will include all care and support received – including services received in their own home

           Spending on care & support will be ‘metered’ by LA to a maximum of the cap - £72,000

           To start the ‘meter’ – individual must first be assessed by the LA.

        The ‘deferred payments’ scheme, whereby the cost of care is offset by the future sale of the client’s home, will be cost neutral to local authorities and therefore interest and administrative fees will be allowed.

        Where a client receives care outside the home borough, the second borough will be required to take the original care and support plan into account and to provide a written explanation if it differs.

        The duty to prevent, delay or reduce the need for care and support will apply to both carers and people with care needs.

 

The Board noted the changes and the implications for Havering.