Care and Support Charging and Financial Assessment Framework

Contents

• 1. Summary
• 2. Legal context
• 3. Principles of this framework
• 4. Care and support services provided free of charge
• 5. Chargeable care and support services
• 6. Care and support financial assessment policy
• 7. Section 117 and social care packages of care
• 8. Mental capacity to manage finances
• 9. Residence when moving to accommodation outside Bath and North East Somerset Council
• 10. Deferred Payment Agreements (DPAs)
• 11. Interim funding policy
• 12. Choice of accommodation and top up payments
• 13. Funding agreement
• 14. Direct Payments
• 15. Equality Impact Assessment
• 16. Reviewing the Charging and Financial Assessment Framework
• 17. Appeals
• 18. Annex A
• 19. Annex B
• 20. Annex C
• 21. Annex D
• 22. Annex E
• 23. Glossary of terms

4. Care and support services provided free of charge

Assessments of needs and care are always provided free of charge, and Councils are not permitted to charge for any service or part service which the National Health Service (NHS) is under a duty to provide – this includes Continuing Healthcare and Funded Nursing Care.

All Councils must provide the following care and support services free of charge:

• Care from the integrated reablement and Intermediate service – a short period of intensive therapies and support from health and social care professionals to assist and promote regaining independence - Intermediate care services may continue for up to 6 weeks without charge1
• Community equipment and minor adaptions services where the minor adaption costs up to £1000 to help with independent living2
• Care and Support provided to people with Creutzfeldt-Jacob Disease3
• After-care services / support provided under Section 117 of the Mental Health Act 1983

The Council has also chosen to provide the following service free of charge:

• Payment to a carer of an adult in receipt of care, this payment will be based on a care and support assessment

Failure to allow a care and needs assessment

The assessment and eligibility process is one of the most important elements of the care and support system. The assessment is one of the key interactions between you the Council4 .

The assessment is collaborative and the Council will aim to make the process transparent and understandable5 . You may refuse a care and needs assessment but if you chose to do so, or do not engage in the assessment6 the Council will not provide funding and you will need to arrange your own care and support.

• 1Clause 4 of the Care and Support (Preventing Needs for Care and Support) Regulations 2014.
• 2Clause 2 of the Care and Support (Preventing Needs for Care and Support) Regulations 2014.
• 3Clause 8.41 of the Care and Support (Statutory Guidance).
• 4Clause 6.1 – 6.8 of the Care and Support (Statutory Guidance).
• 5Clause 6.35-6.43 of the Care and Support (Statutory Guidance).
• 6Clause 6.20 and 6.21 of the Care and Support (Statutory Guidance).