1. Updating the Care and Support Charging Framework Natalie Reynolds – Social Care Charging Team, DH
NAFAO Conference

2. Approach to the Work Updating the regulations in light of UC roll out
Improving the regulations to increase clarity and user-friendliness
Exploring broader issues that have been raised relating to the current charging framework
Updating the Care and Support Charging Framework

3. The current regulations are often opaque…
Any amount which would be disregarded under paragraph 16 of Schedule 9 to the Income Support Regulations (specified pensions) save for paragraph 16(cc), but as if the reference in paragraph 16 of that Schedule to paragraphs 36 and 37 of Schedule 9 to the Income Support Regulations were a reference to paragraph 46 of this Schedule and as if the reference in paragraph 16(a) of Schedule 9 to the Income Support Regulations to paragraph 8 or 9 of Schedule 9 to the Income Support Regulations were a reference to paragraph 10 or 11 of this Schedule.
Updating the Care and Support Charging Framework

4. … and it’s not just cross-references to Income Support
Adoption and Children (Scotland) Act 2007
Order by his Majesty of 14th January 1922
Adoption and Children Act 2002
Order in Council of 19th December 1881
Age-Related Payments Act 2004
Royal warrant of 27th October 1884
Care Standards Act 2000
Social Security Contributions and Benefits Act 1992
Child Benefit Act 2005
State Pension Credit Act 2002
Children Act 1989
Tax Credits Act 2002
Children and Families Act 2014
The Age-Related Payments Regulations 2005
Civil Partnership Act 2004
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
Coal Industry Act 1994
Courts and Legal Services Act 1990
The Housing Benefit (General) Regulations 1987
Family Law Reform Act 1987
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
Health Act 1999
Health and Social Care Act 2008
The Housing Benefit Regulations 2006
Health and Social Care Act 2012
The Income Support (General) Regulations 1987
Health Authorities Act 1995
The Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003
Health Services and Public Health Act 1968
Human Fertilisation and Embryology Act 2008
The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006
Income Tax (Earnings and Pensions) Act 2003
Local Government Finance Act 1992
The Personal Injuries (Civilians) Scheme 1983
National Health Service Reform and Health Care Professions Act 2002
The State Pension Credit Regulations 2002
Welfare Reform Act 2012
National Insurance Contributions Act 2014
Updating the Care and Support Charging Framework

5. What progress have we made since November?
Updating the regulations in light of UC roll out
Improving the regulations to increase clarity and user-friendliness
Exploring broader issues that have been raised relating to the current charging framework
Work with lawyers is underway to unpick cross-references to Income Support Legislation
DH policy team have gone through the regulations and identified areas that can be improved.
DH policy team have explored issues such as deliberate deprivation and debt recovery with other Government departments with relevant expertise
Updating the Care and Support Charging Framework

6. Next Steps Working groups with NAFAO members
Meetings with other stakeholders
Develop package of options and seek Ministerial decisions on any substantive changes
Consultation on draft regulations and guidance, and policy proposals
Updating the Care and Support Charging Framework

7. Today we want to pick your brains on a few specific areas
Two rounds of table discussions:
25 minutes: Debt recovery
Deliberate deprivation
20 minutes: Personal injury compensation
Financial products
Disability-related expenditure
Updating the Care and Support Charging Framework

8. First round table discussions: 25 minutes
Debt recovery
Deliberate deprivation
What approaches are you using to recover unpaid charges? How successful have you found them?
What methods/tools are you currently using to help identify cases of deprivation of assets?
Have you pursued debts through the County Court? What has been your experience?
What are the most commonly disputed assets? What issues relating to deliberate deprivation are the most difficult to resolve?
Have you faced any challenges in recovering debts under the Care Act framework? Were these covered by the statutory guidance?
Where you have decided to treat something as deliberate deprivation, how do you defend that decision?
Have you made use of the DH/NAFAO Debt implementation toolkit?
Are you aware of any approaches or systems used elsewhere that you would find helpful?
What has been your experience of pursuing third party liabilities?
Updating the Care and Support Charging Framework

9. Second round table discussions: 20 minutes
Personal injury compensation
Financial products
Disability-Related Expenditure
How often do people who have successfully claimed personal injury compensation seek LA support?
Have you seen any impact from the new pensions flexibilities on how you are able to charge people?
What one thing would you most like to see included in the list of disability related expenditure in guidance?
Do you receive sufficient information to determine whether or not the compensation envisaged care costs?
Other than single premium investment bonds, what other products cause difficulties when applying the charging rules?
In addition to the statutory guidance do you employ any overarching principles in deciding what constitutes DRE?
If we were to amend the disregards how would you propose to change the regulations?
Where a financial product is specifically designed to pay for care, how do you think the product or its proceeds should be treated in the charging framework?
Updating the Care and Support Charging Framework

10. Working groups with NAFAO members Meetings with other stakeholders
What happens next?
Working groups with NAFAO members
Building on outputs from today
Starting with debt recovery and deliberate deprivation
If you are interested in participating let us know
Please do share any relevant materials (e.g. debt strategies)
Meetings with other stakeholders
If you are involved in other groups that would be interested in this work we would like to hear from you
Consultation
Aiming to publish consultation by the end of the year
Updating the Care and Support Charging Framework

11. Thank you for your participation
Updating the Care and Support Charging Framework