Charging for care and support
Definition or reference in primary legislation
Care Act 2014, S.14
(1) A local authority-- (a) may make a charge for meeting needs under sections 18 to 20, and (b) where it is meeting needs because Condition 2 in section 18 or Condition 2 or 4 in section 20 is met, may make a charge (in addition to the charge it makes under paragraph (a)) for putting in place the arrangements for meeting those needs.
(2) The power to make a charge under subsection (1) for meeting needs under section 18 is subject to section 15.
(3) The power to make a charge under subsection (1) for meeting a carer's needs for support under section 20 by providing care and support to the adult needing care may not be exercised so as to charge the carer.
(4) A charge under subsection (1)(a) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies. [Provision continues with further detail]
Definition or reference in Statutory Guidance
Care and Support Statutory Guidance, chapter 8
8.2 Where a local authority arranges care and support to meet a person's needs, it may charge the adult, except where the local authority is required to arrange care and support free of charge. The new framework is intended to make charging fairer and more clearly understood by everyone. The overarching principle is that people should only be required to pay what they can afford. People will be entitled to financial support based on a means-test and some will be entitled to free care. The framework is therefore based on the following principles that local authorities should take into account when making decisions on charging. The principles are that the approach to charging for care and support needs should: - ensure that people are not charged more than it is reasonably practicable for them to pay - be comprehensive, to reduce variation in the way people are assessed and charged - be clear and transparent, so people know what they will be charged - promote wellbeing, social inclusion, and support the vision of personalisation, independence, choice and control - support carers to look after their own health and wellbeing and to care effectively and safely - be person-focused, reflecting the variety of care and caring journeys and the variety of options available to meet their needs - apply the charging rules equally so those with similar needs or services are treated the same and minimise anomalies between different care settings - encourage and enable those who wish to stay in or take up employment, education or training or plan for the future costs of meeting their needs to do so - be sustainable for local authorities in the long-term