The Care Act 2014Reforming Care and Support

Overview

Vicky SmithHead of Policy and Strategic Development

A brief history of care and support law

Around 30 Acts of Parliament over more than 60 years:

National Assistance Act 1948: established the welfare state and abolished the Poor Laws

1948 1960… 1970…

Chronically Sick and Disabled Persons Act 1970: major reforms, providing entitlement to community services

NHS and Community Care Act 1990: first major Government reform, including right to assessments

1980… 1990… 2000… 2010…

Carers (Recognition and Services) Act 1995: the first Act to recognise carers

Community Care (Direct Payments) Act 1996: new powers to make direct payments

Carers and Disabled Children Act 2000: extending direct payments to carers

Health and Social Care Act 2001: updates on direct payments

Department of Health

Background to the Care Act

Part 1 of the Care Act sets out to reform adult care and support in England:

Delivers many of the commitments in the White Paper Caring for our FutureProvides for a new capped costs system for funding care and support, based on the recommendations of the Dilnot CommissionAchieves a fundamental reform in its own right, to simplify and clarify over 60 years of legislation, following the recommendations of a three-year review by the Law Commission

The Care Act: principles• “Ensures that people’s wellbeing, and the

outcomes which matter to them, are 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 can receive as direct payments if they wish.”

The Care Act 2014: duties

Duties fall into one of three categories:

•New in law and practice

•New in law but not in policy

•Consolidating or modernising existing law

Care Act 2014 part 1: General duties - from April 2015

• To promote individual wellbeing

• To prevent or delay development of care and support needs (or reduce), including carers’ support needs

• To cooperate with relevant authorities

Eligibility and assessment

• Introduces a national minimum eligibility threshold

• New assessment regulations

• Changes to ensure continuity of care when adults move between areas

• Duty to carry out assessments for all carers regardless of client eligibility

Advice and information• Duty to provide people in the area with

information and advice relating to care and support for adults and support for carers

• Includes telling people where they can get independent financial advice about how to fund their care and support

• New duties to provide independent advocacy to help people to be involved in key processes, such as assessments, reviews and safeguarding enquiries

Deferred payments

• New national deferred payments scheme

• Everyone in a care home who meets the eligibility criteria will be able to ask for a deferred payment regardless of whether or not the local authority pays for their care.

• Councils will be able to charge interest on loans to ensure they run on a cost neutral basis

Other provisions• The first statutory framework for protecting adults

from abuse and neglect• Duty to join up care and support with health and

housing • Duty to ensure a wide range of care and support

services are available• New protections to ensure that no one goes without

care if their providers fails, regardless of who pays for their care

• New legal right to a personal budget and direct payment

Funding reform - from April 2016

• Introduces a cap on care costs: – achieved by creating care accounts

– set at £72,000 in 2016 for those at pension age and above

– no contribution expected for young people entering adulthood with an eligible care need

– lower cap for adults of working age (level to be determined)

• Establishes independent personal budgets for self funders who meet the eligibility criteria and want a care account

Charging - from April 2016

• New legal basis for charging

• Consistent approach towards calculating a contribution towards living costs for people in residential care (not included in the cap)

• Increase in the capital charging threshold for people receiving residential care from £23,250 to £118,000

Implementation: national• Care Act became law on 14 May 2014.

• Consultation on regulations and statutory guidance (the detail) for the duties that come into force in April 2015 published on 6 June 2014: https://www.gov.uk/government/consultations/updating-our-care-and-support-system-draft-regulations-and-guidance

• Care and Support Reform Programme:– The Local Government Association (LGA),

– Association of Directors & Adult Social Services (ADASS)

– Department of Health

Implementation: localFunding reform

programme board

Charging regulations

Deferred payments

Care account information system

Care account arrangements

Financial information&advice

Staff communication

Funding reform implementation group

AssessmentJane Goldingham

FinanceZena Boniface

Market engagementLynn Mounfield

Customer relationsJanette Lyman

Change management Julian Fowler

Relationships with providers

Arranging care

Commissioning

Policy development

Workforce change

Training

Engagement

Consultation

Public communication

Complaints and appeals

Equality impact assessments

South East Regional Delivery Partnership

Assessment regulations

Self funder assessments

National eligibility threshold

Self/pre assessment

Online assessments

Independent personal budgets

Staff information and guidance

Carers assessments

Financial assessment