Care Act and Slough Borough Council, Financial LPAs and Deputyships with Deferred Payment Arrangements

As of 1 April the first part of the new Care Act  comes into effect.

Many things change: for example, CRAG guidance will cease to apply and the Deferred Payments Scheme will change.

Instead of CRAG we will have the Care and Support Statutory Guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/366104/43380_23902777_Care_Act_Book.pdf

The relevant SI under the Care Act 2014 which sits on top of this Statutory Guidance is the Care and Support (Charging and Assessment of Resources) Regulations 2014

http://www.legislation.gov.uk/uksi/2014/2672/contents/made

The Care Act 2014 sits on top of them all:

http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

From April 1 the discretionary system of deferred payments (with charge on the resident’s house) is being replaced by a mandatory system whereby eligible users will be entitled to the deferment option (but there are qualifying conditions).

Here is the information for the public from Slough:

https://www.slough.gov.uk/health-and-social-care/the-care-act.aspx

https://www.slough.gov.uk/downloads/care-and-support-FAQs.pdf

And the internal report for the benefit of the council.http://www.slough.gov.uk/moderngov/documents/s37092/Report.pdf

Mental Capacity Slough will assure itself that the person requesting the DPA has the requisite mental capacity to enter into such an agreement. Where a person who lacks capacity has either a Finance and Property Attorney or a Deputy, evidence of this will be required before the representative can sign the DPA on the person’s behalf. Where the person who lacks capacity is unrepresented, an application must be made to the Court of Protection: § A family member willing to take up the role may make a Deputyship § In the absence of such a candidate an application may be made for a Panel Deputy to be appointed § Slough may take the view that it will apply for Deputyship, depending on the Council’s resources and the composition and value of the person’s assets

Lots of reading…

Advertisements

New tax proposed for the middle-aged middle-class – Nunn Hayward, UK

New tax proposed for the middle-aged middle-class – Nunn Hayward, UK.

 

Deep joy.  I don’t deny that there are deep problems with the way things are done now – I have never met a client who wants to go into a nursing home – and I fully understand that the vulnerable person neither wants to be separated from their home and their nest, where they have lived for most of their happiest years, despite impairments.  And the self interest of many children in the family, as they see their inheritance being eroded is also strong.

But how is it expected that pensioners will pay national insurance?  I’m fairly sure that the proportion of higher income pensioners is small, compared to most, who will experience a loss in income as opposed to a salaried income.  And if you deduct national insurance from those who are already streamlining their budget for retirement – well, there will be some hardship.

I know that not all pensioners are poor – those retiring now might be the last of the salary-scheme pensioners, and that now, the generation might be able to afford to pay NI, if their pension gives them an income of over £20,000 a year, between them.  But even if this is achievable with the current pensioners, by the time such a policy is put in place (say 5 years time, at least), this might not be the case – the pensioner population might soon start to show people who were not on final salary schemes as a larger proportion of the whole.

And I suspect there is a huge gap to be bridged between even those pensioners and the generation retiring in 15-20 years time, who may have very little, if any supplementary pension, given the proportionate increase in expenditure on housing costs and childcare that generation has experienced.