The Care Act Reforming care and support Vicky Smith, Head of Policy and Strategic Development Older People’s Provider Forum 8 October 2014

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 …1970… Chronically Sick and Disabled Persons Act 1970: major reforms, providing entitlement to community services NHS and Community Care Act 1990: first major Government reform, including right to assessments 1980…1990…2000…2010… Carers (Recognition and Services) Act 1995: the first Act to recognise carers Community Care (Direct Payments) Act 1996: new powers to make direct payments Carers and Disabled Children Act 2000: extending direct payments to carers Health and Social Care Act 2001: updates on direct payments Department of Health

The Care Act 2014: reforms 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 Dilnot Commission’s recommendations achieves a fundamental reform in its own right - simplifying and clarifying over 60 years of legislation, following the recommendations of a three-year review by the Law Commission

The Care Act: 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

The changes at a glance:

Changes from April 2015 : Social care reform

Principles: It will be our legal duty to: promote individual wellbeing prevent, reduce or delay the need for care and support join up care and support with health and housing These duties will apply to clients and carers

Eligibility and assessment There will be: A new national minimum eligibility threshold New assessment regulations Duty to carry out assessments for all carers regardless of client eligibility Changes to ensure continuity of care when adults move between areas

Information and advice Broader duties to provide people with information and advice about care and support for adults, and support for carers It includes telling people where they can get independent financial advice on how to pay for their care and support New duties to provide independent advocacy to help people to be involved in assessments, reviews and safeguarding enquiries

Safeguarding The first legal framework for protecting adults from abuse and neglect Local authorities will have to make enquiries, or ask others to, when they think an adult with care and support needs may be at risk of abuse or neglect This also includes finding out what action may be needed New legal duty to carry out a review of the case when things go wrong

Deferred payments Currently a local scheme Open to clients who have to pay the full cost of their (care home) care because of the value of their home East Sussex County Council pay a proportion of the care home fees, which is paid back when the home is sold

Deferred payments New national scheme Everyone in a care home (who qualifies for the scheme) 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 and an administration fee to cover our costs

Other changes in April 2015: Legal duty to ensure smooth transition from children’s to adults social care services A duty to ensure a wide range of good quality care and support services are available New protections to ensure that no one goes without care if their provider fails New legal right to a personal budget and direct payment

Changes from April 2016: Funding reform

Charging for support A new legal basis for charging A consistent approach to calculating someone’s contribution towards living costs in residential care (not included in the cap) The charging threshold for people who get care in their own home increases from £23,250 to £27,000 The charging threshold for people who get residential care increases from £23,250 to £118,000

The cap on care costs The Care Act says there should be a maximum amount anyone should pay towards their care. The amounts have not been confirmed, however it is likely that in 2016 there will be: –a cap on care costs of £72,000 for people of pension age and above –a lower cap for adults of working age –no contribution for young people entering adulthood with an eligible care and support need The cap won’t count living costs, or any additional payments people choose to make.

How the cap will work ‘care accounts’ for people who want their care costs tracked towards the cap To apply, people will need to have an assessment to see if they meet the national eligibility threshold People who qualify will be given an independent personal budget that will say what kind of care costs will ‘count’ towards the cap. In the Autumn, the Government will be consulting on the details about how the cap will work, including what will count as a care cost.

The Care Act in East Sussex Much of the Care Act reflects and builds on our existing work over the last few years Some areas are completely new, and need to be developed in detail We want to work together with clients, carers and our partner organisations We will be responding to the consultation on the regulations and guidance on funding reform

More information Local, regional and national publicity Department of Health factsheets on the Care Act: gov.uk/government/publications/the-care-bill-factsheets gov.uk/government/publications/the-care-bill-factsheets National care and support reform implementation programme: local.gov.uk/care-support-reformlocal.gov.uk/care-support-reform The Care Act in full: The Care Act in East Sussex: eastsussex.gov.uk/careact eastsussex.gov.uk/careact