1. The Care Act 2014 Reforming Care and Support Overview Vicky Smith Head of Policy and Strategic Development

2. 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 19481960…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

3. 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

4. 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.”

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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 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

14. Implementation: local