Adult social care charging policy

2.1

The Care Act 2014 provides a single legal framework for charging for care and support. It enables Local Authorities to decide whether to charge an adult when it is arranging to meet care and support needs of the adult, or a carer’s support needs. This is based on an individual’s financial assessment.

2.2

Section 14 of The Care Act 2014 provides Local Authorities with the power to charge adults in receipt of care and support services, where the Local Authority is permitted to charge for the service being provided.

2.3

Section 14 of The Care Act 2014 provides Local Authorities with the power to charge for services meeting carer’s needs, by providing services directly to the carer.

2.4

Section 17 of The Care Act 2014 permits Local Authorities to undertake an assessment of financial resources. The financial assessment will determine the level of an adult’s financial resource, and the amount (if any) which the adult may be likely to be able to pay towards the cost of meeting their needs through care and support services.

2.5

Section 14 of The Care Act 2014 instructs that Local Authorities are not permitted to charge for provision of the following types of care and support:

• Community equipment (aids and minor adaptations): a service which consists of the provision of an aid, or minor adaptation to property, for the purposes of assisting with nursing at home or aiding daily living. An adaptation is minor if the cost of making the adaptation is £1,000 or less;
• Intermediate care (including re-ablement support) services for up to 6 weeks; • Care and support provided to people with Creutzfeldt-Jacob Disease;
• Services that are provided under Section 117 of the Mental Health Act (1983) which relate to an adult’s mental health problems and cannot be charged for
• Any service or part of service which the NHS is under duty to provide. This includes Continuing Healthcare and the NHS contribution to Registered Nursing Care, or health services provided to adults who are terminally ill and assessed as palliative end of life care;
• Services which the Local Authorities have a duty to provide through other legislation;
• Assessment of needs and care planning, including the cost of the financial assessment, as these constitute ‘meeting needs’.

2.6

North Tyneside Council will refer to the Care and Support Regulations (Statutory Instruments) and Care and Support Statutory Guidance and Annexes issued under The Care Act 2014, in all regards for specific guidance relating to charging and financial assessment.

As such, these statutory regulations form the basis of this policy, except where the Council exercises its power of discretion as set out within the regulations.