Monthly Archives: May 2013

Care Bill 2013 Charging

Care Bill – It’s a Rip Off.

Recent articles on the new Care Charge Cap:

Elderly ‘conned’ into paying £150k for care before new government .. Express

6 out of 7 pensioners will die before reaching care cap, says Labour  Inside Housing

The Care Bill is designed as a cynical PR smoke and mirrors exercise to make more people lose pretty much everything to pay care fees.   But they promise not to sell your house until you are dead, by which time the interest charged by the Local Authority will probably have wiped out any chance of your family inheriting anything but the brass farthing down the back of the sofa.   The rich can avoid Inheritance Tax, but the rest of us stand a 50/50 chance of being disinherited by Community Care Tax.   And the Care Bill will make that far worse…..

But here is the official version:

What is the charging process?

Care and support is not a free service like the NHS. People have always had to pay something towards the cost of their care and support.

Whilst some types of care and support are provided free (for instance, information and advice), many types will be subject to a charge.

People will only be asked to pay what they can afford. Sometimes the person will pay the full cost, or sometimes the cost will be shared between the person and their local authority.

To decide what a person can afford to pay, a local authority will carry out a financial assessment. The local authority will consider the person’s income, and any assets they own, like investments or a house. The local authority will then calculate how much the person can afford to pay towards their care and support costs.

Sometimes a home-owner may want to consider a deferred payment agreement with the local authority. This is an arrangement whereby the person does not have to sell their home, during their lifetime, to afford the costs of their care. Instead, the local authority pays a larger share of the costs at first. The money that the person owes for their care is then collected from the sale of their property at a later date.

Why does the Government need to change the law?

The rules on charging for care and support have developed piecemeal since 1948. As a result, the current law is hard to follow.

There are currently different systems for charging depending upon what type of care and support is received. For example, the charging arrangements are different for care in a care home, to care that is given to people in their own home. This makes the system confusing, and potentially unfair as it treats people differently, based only on the type of care they receive.

What does the Bill do?

The new law for adult care and support will set out a clearer approach to charging. It will help people to understand what they have to contribute towards their care and support costs.

First, a local authority will assess someone and decide whether the adult has “eligible” needs.

The local authority will then think about what type of care and support that person needs.

Local authorities will not be able to charge people for some types of services, which will be set out in rules called regulations. The Bill allows local authorities to charge a person for any other type of care and support.

If the local authority thinks that the person needs a type of care and support for which there is a charge, it must decide whether or not they can afford to pay. After the financial assessment, the local authority will tell the person whether they need to pay for all, some or none of their care costs. The financial assessment rules will be set out in regulations, so that everyone will have their finances assessed in the same way. When an adult does not pay the full amount, but contributes towards their care and support costs, the regulations will say how much money they must be left with after the local authority has charged them.

The Care Bill 2013

The Care Bill 2013

Government’s Care Bill to give people peace of mind in hospital, care homes and their own homes

Swift action following Francis report and epic changes to care laws.

People will be treated more compassionately in hospital, see their care better joined up and be reassured that they will not have to pay astronomical care costs if they need to go into a care home in their old age, thanks to measures set out in the Care Bill, published today in Parliament.The Care Bill will help drive up quality of care following the findings of the Francis Inquiry into events at Mid-Staffordshire NHS Foundation Trust. It will also include improvements to the care system following an extensive consultation with people and organisations right across the health and care system – from users of services to providers of care. The Bill will create a single modern law that replaces more than a dozen pieces of legislation dating back to the post-war period.

Through the Care Bill, the Government is introducing laws that will:

  • Help people get compassionate care in hospital, in a care home or in the community, by introducing Ofsted-style ratings for hospitals and care homes, making quality as important as finance and strengthening training for staff.
  • Join up care by enshrining in law that everyone should have a personal care plan, access to a personal budget and that carers, for the first time, will have a right to get support themselves if they are found to have eligible needs. There will also be a national minimum eligibility threshold across the country.
  • Reform the funding of care so no one will have to sell their home in their lifetime, or lose everything they’ve worked for, to pay for the costs of living in a care home. And a cap on care costs and financial support for more people will protect people from catastrophic costs and provide important peace of mind.

Health Secretary Jeremy Hunt said:
“We have swiftly brought in measures to address the findings of Robert Francis’ report that will improve care and mean that patients will be treated with more compassion and respect. I strongly believe that Ofsted-style ratings, improved training for staff and making quality as important as finance will improve NHS care.”

“These changes go hand in hand with our epic changes to care legislation that will mean, for the first time, people will not have to fear losing their homes in their lifetime to pay care home fees and everyone with a care plan will be able to have a personal budget to choose how they are cared for.”

“Importantly, if someone receives care in the south but wants to move to the north to be closer to their family, they will be able to do so without fear of losing their care.”

Care Services Minister Norman Lamb said:
“For the first time in a generation we are addressing the pressing need to support people when they reach crisis point and need help most. People will finally be able to plan for their later years and not have to fear being saddled with catastrophic costs to pay for care.”

“This, coupled with the new national eligibility criteria, security that our care is not lost if we move to a different part of the country and giving everyone who is eligible access to a personal budget, will greatly improve the outlook for later life.”

Elements of the Bill that respond to the Government’s Caring for our future White Paper last year include:

  • A new legal right for everyone with a care and support plan (or support plan) to have a personal budget, which they can receive as a direct payment if they wish to. This gives people more control and the ability to tailor the services they receive to their requirements and preferences.
  • No-one’s care and support is interrupted if they move to a different local authority area, for example, if they want to live closer to family or change jobs.
  • For the first time, carers will have a right to receive support themselves if they are found to have eligible needs.
  • The person will be involved in the assessment process that determines what care and support needs they have, and this process will focus on the needs of the individual and on the outcomes they wish to achieve.
  • National eligibility criteria will mean a fairer and clearer system, and help people understand whether they might be eligible for access to ongoing care and support.
  • A new focus on people’s wellbeing will see more done to keep people well. This will include a more all-encompassing assessment process that considers a person’s capabilities and what they can achieve themselves, as well as considering what other support might be available from family, friends or in the community. This will help to delay or prevent people from developing serious care and support needs, rather than the current system which often only intervenes in a crisis, and will mean than people’s specific needs at different times in their life will be better supported.
  • No-one will have to sell their home in their lifetime, or lose everything they’ve worked for, to pay for the costs of living in a care home later in life. A cap on reasonable care costs and financial support for more people with their costs will protect people from catastrophic costs and provide important peace of mind. As our population ages this is more important.

Elements of the Bill that respond to Robert Francis QC’s report include measures that:

  • Underpin the new ratings regime for hospitals. Francis highlighted the need for a single, shared version of the truth about quality. This Bill will give CQC the legal powers it needs to set up, design and get on with the new ratings system, without any political interference.
  • Ensure quality is as important as finances. The Bill will give Monitor clear authority to intervene where the Chief Inspector exposes problems with the quality of care. The Care Quality Commission will also be given a power to require Monitor to put a Foundation Trust into administration if it becomes clinically unsustainable (currently Monitor can only do this on financial grounds).
  • Give the CQC stronger powers to expose poor care. At the moment, the CQC can only take action where a hospital is failing to comply with one of its set standards. This can be bureaucratic. The Bill will give the Care Quality Commission broader powers to act if it spots poor care that requires significant improvement.
  • Introduce a new criminal offence on providers who supply false or misleading information. The Bill will make it a criminal offence for care providers to give false or misleading information. We will limit the offence to providers of NHS secondary care (NHS Trusts, FTs and independent providers of NHS secondary care) and to certain types of information such as mortality rates.

The Bill will also:

  • Strengthen training and education. The Bill will set up Health Education England legally as the first ever non-departmental public body responsible for training and education for NHS staff, giving the NHS workforce unprecedented focus and support.
  • Strengthen research regulation. The Bill will set up the Health Research Authority legally as a non-departmental public body, so it can act independently to regulate the research sector and protect people who take part in research or are thinking about taking part. This will help build a vibrant research sector that is safe and ethical.


1.The Care Bill can be found here .

2.Proposals to grant social workers new rights to enter homes where abuse is suspected will not proceed after a Government consultation resulted in mixed opinions over the case for such a power. The responses did not show a compelling enough case to legislate for a new power of entry. It is a sensitive and complex issue, which is why the Government consulted extensively on it. However Councils and the police already have significant powers of intervention in safeguarding cases.

Care Bill

The government has today published the long awaited Care Bill aimed at bringing together more than a dozen separate pieces of legislation into one single law and addressing the issues of those having to sell their homes to pay for care, to better integrate care services, and drive up standards.

Tim Pethick, Managing Director of Saga Magazine said “Needing care is simply something that many people in the UK don’t make plans for, but when someone’s health deteriorates it’s often a crisis decision to try and get help and find a way to pay for it.  The measures outlined in today’s care bill do, at least, give some reassurance to those that have worked hard throughout their lives to save and purchase their own properties that they won’t be punished for the austerity by having their assets eroded to pay for care.

“We also welcome the fact that any increases to the cap will be linked to average earnings, as opposed to the higher measure of inflation, so whilst the finish line (the cap) will move further away, the gap will continually be narrowing.

“In addition, the Care bill will be welcomed by many family carers that, at last, feel they have had their invaluable roles supported by government by giving them further rights to seek help and support.”

However, whilst many measures in the new Care bill will be welcomed, it comes at a cost, and one that many local authorities are struggling to support.

Tim Pethick continues “With an aging population, getting this right is a must for any party, but how we pay for it will always be a political hot potato.  Publishing this bill will bring welcome relief to many, but until it’s clarified in the summer’s spending review how these increased measures will be implemented, many will fear that the eligibility levels will just be increased to ‘rob Peter to pay Paul’!”