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Feb 2014. The Care Act 2014 Barbara Booton. England. The Care Act. Aims Policy context The legal framework Main provisions The new care and support system Further information and resources. What does it Aim to Achieve?. A single modern piece of law for adult care and support in England
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Feb 2014 The Care Act2014Barbara Booton England
The Care Act • Aims • Policy context • The legal framework • Main provisions • The new care and support system • Further information and resources
What does it Aim to Achieve? • A single modern piece of law for adult care and support in England • Replaces and updates complex and outdated legislation that has remained unchanged since 1948 • Introduces a care and support system that is aimed at being clearer, fairer and fit for the future • Focuses on people’s well-being, supporting them to live independently for as long as possible and in control of their care
Summary of the main provisions • Part 1: Care and support • Part 2: Care standards • Part 3: Health • Health Education England (HEE) • Health Research Authority (HRA)
What does the Care Act do? The Act is built around people. It introduces: • ensures that people’s well-being, and the outcomes which matter to them, will be 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 will be able to receive as direct payments if they wish.
The Act makes care and support clearer and fairer, because it: • reforms the funding system for care and support, by introducing a cap on the care costs that people will incur in their lifetime. • will 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 fails, regardless of who pays for their care; • has new provisions to ensure that young adults are not left without care and support during their transitionto the adult care and support system.
Your local authority helps with costs you can’t afford if you have less than £23k of wealth. From April 2016, if you have less than £118k you could receive some financial help with residential care costs. The new care and support system You may need care and support if you have a condition such as dementia, or other problems that affect your quality of life or ability to carry out daily activities. If you have a care and support need, you should contact your local authority, which can provide… …an assessment of the care and support you need, what services are right for you and whether you are eligible for state support …info & advice on the services available to help you stay well …reablement, rehabilitation & other free services …advice on local services and how much they cost You will still be responsible for some care-related expenses… You pay what you can afford towards the cost of your care but from April 2015 you will be able to defer the payment of residential care fees so that you don’t have to sell your home in your lifetime to pay for care. Every year your local authority will review your care needs and your financial situation. From April 2016 they also keep a record of how much eligible care you have needed in total. If you are in residential care, you will pay a contribution towards your general living expenses, just like you would if you were living in your own home. This contribution is expected to be around £12k a year in 2016. You are responsible for the cost of any additional services that you choose to have beyond what the local authority would provide, such as having a second bedroom in a care home, or help with lower level care needs. Care costs after April 2016 are capped at £72k, which is the limit on what you will have to spend on eligible care over your lifetime. Once you have reached the cap your local authority will pay the reasonable costs to meet your eligible care needs for the rest of your life. If you receive financial support then you could spend less than this amount.
Further information & resources • The Care Act: www.publications.parliament.uk/pa/bills/cbill/2013-2014/0168/14168.pdf • Explanatory notes: www.official-documents.gov.uk/document/cm86/8627/8627.pdf • 19 factsheets and a glossary to accompany the Act: www.gov.uk/government/publications/the-care-bill-factsheets • Learning and development programme: www.skillsforcare.org.uk/Standards/Care-Bill