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A brief history of care and support law

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The Care Act 2014 Reforming Care and Support Overview Vicky Smith Head 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.

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The Care Act 2014Reforming Care and SupportOverviewVicky SmithHead of Policy and Strategic Development

a brief history of care and support law
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

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

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

Health and Social Care Act 2001: updates on direct payments

1948

1960…

1970…

1980…

1990…

2000…

2010…

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

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

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

Department of Health

background to the care act
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 Future
  • Provides for a new capped costs system for funding care and support, based on the recommendations of the Dilnot Commission
  • Achieves 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
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
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
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
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
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
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
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
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
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
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
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