Statutory guidance

List of changes made to the Care Act guidance

Updated 30 October 2026

Chapter 2: Preventing, reducing or delaying needs

Paragraph 2.14

‘Intermediate care’ services are provided to people, usually older people, after they have left hospital or when they are at risk of being sent to hospital. Intermediate care is a programme of care provided for a limited period of time to assist a person to maintain or regain the ability to live independently.

Now reads:

‘Intermediate care’ services are provided to people, usually older people, after they have left hospital or when they are at risk of acute hospital admission. Intermediate care is a short-term package of care provided for a limited period of time to assist a person to maintain or regain the ability to live independently.

Paragraph 2.39

Local authorities and the voluntary sector should work together on how it can share this information to gain a fuller picture of local need as possible…

Now reads:

Local authorities and the voluntary sector should work together on how it can share this information to gain as full a picture of local need as possible….

Paragraph 2.51

…(also see chapter 6, paras. 6.44 to 6.53, about the whole family approach to assessment)

Now reads:

…(also see chapter 6, paras. 6.65 to 6.71, about the whole family approach to assessment)

Paragraph 2.60

Changed from:

The regulations require that intermediate care and reablement provided up to 6 weeks, and minor aids and adaptations up to the value of £1,000 must always be provided free of charge (see also 8.14).

to:

The regulations require that intermediate care and reablement must be provided free of charge for up to 6 weeks, as must aids and minor adaptations (for example, adaptations up to the value of £1,000) (see also 8.14).

Chapter 3: Information and advice

Paragraph 3.24, bullet points

• effective treatment and support for health conditions, including Continuing Health Care arrangements
• the Court of Protection, power of attorney and becoming a deputy

Now read:

• effective treatment and support for health conditions, including NHS Continuing Health Care arrangements
• the Court of Protection, power of attorney, lasting power of attorney and becoming a deputy

Paragraph 3.26, bullet point

• consideration or review of continuing healthcare arrangements

Now reads:

• consideration or review of NHS continuing healthcare arrangements

Paragraph 3.28

Hyperlink updated:

As required under the Equality Act 2010, reasonable adjustments should be made to ensure that disabled people have equal access to information and advice services.

Paragraph 3.39

working with partners to communicate messages about the benefits of financial information and advice for example with the voluntary sector, through hospitals, GPs, or solicitors who may be advising on wills or power of attorney.

Now reads:

working with partners to communicate messages about the benefits of financial information and advice for example with the voluntary sector, through hospitals, GPs, or solicitors who may be advising on wills or power of attorney and lasting power of attorney.

Paragraph 3.41

January 2023 - the following bullet point has been deleted:

• the cap on care costs, when preparing for its introduction in 2020

Paragraph 3.42

Before providing financial information or advice directly to a person the local authority should establish whether the person has a deputy of the Court of Protection or a person with Lasting Power of Attorney acting on their behalf.

Now reads:

Before providing financial information or advice directly to a person the local authority should establish whether the person has a deputy appointed by the Court of Protection or a person with Lasting Power of Attorney acting on their behalf.

Paragraph 3.52

This point has now been deleted:

• Further practice guidance is also available to support local authorities to facilitate access to independent financial information and advice.

Paragraph 3.58

The Local Government and Public Involvement in Health Act 2007 (as amended by the Health and Social Care Act 2012), provides that local authorities are under a duty to work with their local CCGs and other partners through the Health and Wellbeing Board…

Now reads:

The Local Government and Public Involvement in Health Act 2007 (as amended by the Health and Social Care Act 2012), provides that local authorities are under a duty to work with their local integrated care boards (ICBs) (formerly clinical commissioning groups (CCGs) - ICBs replaced CCGs in 2022), and other partners through the Health and Wellbeing Board…

Hyperlink updated:

… and other partners through the Health and Wellbeing Board to undertake Joint Strategic Needs Assessments for their areas and to develop Joint Health and Wellbeing Strategies. Statutory Guidance published in March 2013…

Now reads:

… and other partners through the Health and Wellbeing Board to undertake Joint Strategic Needs Assessments for their areas and to develop Joint Health and Wellbeing Strategies. Statutory Guidance published in March 2013…

Paragraph 3.60

‘CCGs’ changed to ‘ICBs’

Paragraph 3.68, bullet point 1

…the NHS Choices website which contains a mix of textual content, videos and tools such as the online quality profiles of registered care providers in local areas.

Now reads:

…the NHS website which contains a mix of textual content, videos and tools such as the online quality profiles of registered care providers in local areas.

Paragraph 3.68, bullet point 2

Hyperlink updated and ‘choices’ wording removed:

…NHS website. Health A to Z, detailed information on specific health conditions and how/where to access health services

Paragraph 3.68, bullet point 5

Hyperlink updated:

…the Care Quality Commission

Additional wording also added:

the Care Quality Commission, which contains a mix of textual content, videos and tools such as the quality checker of registered care providers in local areas

Paragraph 3.68, bullet point 7

Hyperlink updated:

consumer websites providing people with information and advice, including on managing their finances well, for example Which? financing later life care guidance

Paragraph 3.68, bullet point 10

national resources related to housing, accommodation and housing related support, for example FirstStop Advice or Foundations

Hyperlink updated and new wording:

national resources related to housing, accommodation and housing related support, for example HousingCare or Foundations

Paragraph 3.69

Some national providers, for example the Money Advice Service and NHS Choices, may also offer free access to tools, resources and information content that can be integrated into local authority websites or delivered in paper formats.

Now reads:

Some national providers, for example the Money Advice Service and CQC, may also offer free access to tools, resources and information content that can be integrated into local authority websites or delivered in paper formats.

Chapter 4: Market shaping and commissioning of adult care and support

Paragraph 4.2

The Care Act places new duties on local authorities to promote the efficient and effective operation of the market for adult care and support as a whole.

Now reads:

The Care Act places duties on local authorities to promote the efficient and effective operation of the market for adult care and support as a whole.

Paragraph 4.3

The market for care and support services is part of a wider system in which much of the need for care and support is met by people’s own efforts, by their families, friends or other carers, and by community networks. Local authorities have a vital role in ensuring that universal services are available to the whole population and where necessary, tailored to meet the needs of those with additional support requirements (for example housing and leisure services). Market shaping and commissioning should aim to promote a market for care and support that should be seen as broadening, supplementing and supporting all these vital sources of care and support.

Now reads:

The market for care and support services is part of a wider system in which much of the need for care and support is met by people’s own efforts, by their families, friends or other carers, and by community networks. Local authorities have a vital role in ensuring that care services are available to the whole population and where necessary, tailored or specialised to meet the needs of those with additional support requirements (for example through housing or day services and community groups). Market shaping and commissioning should aim to promote a market for care and support that should be seen as broadening, supplementing and supporting all these vital sources of care and support.

Paragraph 4.7

The core activities of market shaping are to engage with stakeholders to develop understanding of supply and demand and articulate likely trends that reflect people’s evolving needs and aspirations, and based on evidence…

Now reads:

The core activities of market shaping are to engage with stakeholders to develop understanding of supply and demand and articulate likely trends that reflect people’s evolving needs and preferences, and based on evidence…

Paragraph 4.14

Updated hyperlink:

Local authorities should have regard to guidance from the Think Local Act Personal (TLAP) partnership when framing outcomes for individuals, groups and their local population, in particular the Making It Real ‘I’ statements,

Paragraph 4.21, bullet point 2

• skills

Hyperlink and wording updated:

• developing your workforce

Paragraph 4.22

When considering the quality of services, local authorities should be mindful of the capacity, capability, timeliness, continuity, reliability and flexibility of services delivered to support wellbeing, where appropriate, using the definitions that underpin the CQC’s fundamental standards of care as a minimum and having regards to the ASCOF framework of population outcomes.

Now reads:

When considering the quality of services, local authorities should be mindful of the capacity, capability, timeliness, continuity, reliability and flexibility of services delivered to support wellbeing, where appropriate, using the definitions that underpin the CQC’s fundamental standards of care as a minimum. Local authorities should also have regard to ASCOF, which measures how well care and support services achieve the outcomes that matter to most people.

Paragraph 4.30

This will include appropriate remuneration for any time spent travelling between appointments. Guidance on these issues can be found on the HMRC website.

Now reads:

This includes appropriate remuneration for any time spent travelling between appointments (referred to as “travel time”). Guidance on these issues can be found on the HMRC website including specific information on time spent working when travelling between assignments.

Paragraph 4.31, bullet point 2

• Laing and Buisson toolkit to understand fair price for residential care

Hyperlink updated and wording change, now reads:

• Homecare cost of care toolkit

There are other tools (which local authorities may have to pay to use) which support understanding of the costs of care, such as CareCubed - The National Care Costing Tool.

Paragraph 4.31, bullet point 3

 The following bullet point has been deleted:

• ADASS paying for care calculator

Paragraph 4.32

In particular, local authorities should encourage relevant staff to be trained or developed to meet the National Skills Academy standards and programmes of training for care and support commissioners ‘Commissioning Now’ or equivalent, and appropriate standards for commissioning related services such as housing services where appropriate.

‘Commissioning Now’ hyperlink removed and updated ‘Skills for Care’s support for commissioners’ hyperlink added and National Commissioning Academy hyperlink added; paragraph now reads:

In particular, local authorities should undertake appropriate training and development to support effective commissioning practice. This may include development offers such as Skills for Care’s support for commissioners (including qualifications, resources and peer networks), the National Commissioning Academy, or equivalent programmes, and appropriate standards for commissioning related services such as housing services where appropriate.

Paragraph 4.41

Sentence and hyperlink have been removed:

Local authorities may find the TLAP guidance ‘Top Tips’: Commissioning for market diversity helpful.

Paragraph 4.46

Hyperlink updated:

Local authorities should have regard to the TLAP partnership agreement that sets out how shaping markets to meet people’s needs and aspirations…

Paragraph 4.47

‘Supporting infrastructure’ hyperlink removed:

Local authorities should help people who fund their own services or receive direct payments, to ‘micro-commission’ care and support services and/or to pool their budgets, and should ensure a supporting infrastructure is available to help with these activities.

Paragraph 4.51

Sentence deleted and hyperlink removed:

This should be in line with the Building Capacity and Partnership in Care Agreement.

Paragraph 4.53

Since 2007 there has been a duty on local authorities and clinical commissioning groups, through health and wellbeing boards, to undertake Joint Strategic Needs Assessments (JSNA).

Now reads:

There is a duty on local authorities and ICBs, through health and wellbeing boards, to undertake Joint Strategic Needs Assessments (JSNA). 

Paragraph 4.57

‘review strategies related to care and support’ hyperlink removed:

Local authorities should review strategies related to care and support together with stakeholders to ensure they remain fit for purpose, learn lessons, and adapt to incorporate emerging best practice…

Paragraph 4.58

‘positively with provider organisations’ hyperlink removed:

…working to promote such transformational approaches and local authorities should have regard to the emerging best practice it is producing.

Paragraph 4.60

Recognising that changes to adult care and support are taking place at a time of the need to deliver services from constrained resources, local authorities should have regard to best practice on efficiency and value for money, in particular the LGAs Adult Social Care Efficiency Programme.

Sentenced deleted and hyperlink removed, now reads:

Recognising that changes to adult care and support are taking place at a time of the need to deliver services from constrained resources, local authorities should have regard to best practice on efficiency and value for money.

Paragraph 4.67

‘positively with provider organisations’ hyperlink removed:

Local authorities should engage positively with provider organisations to ensure fair play and necessary confidentiality.

Paragraph 4.69

‘providers’ business models and plans’. Hyperlink removed:

Local authorities must understand local markets and develop knowledge of current and future needs for care and support services, and, insofar as they are willing to share and discuss, understand providers’ business models and plans.

Paragraph 4.71

‘people with care and support needs’ hyperlink removed:

It should also include information about likely changes in requirements for specialist housing required by people with care and support needs.

Paragraph 4.78

Following sentence and hyperlink deleted:

Local authorities may find helpful the guidance Supporting Local Authority SME Care Provider Innovation and Collaboration that was coproduced by the Department of Health with ADASS and LGA, provider organisations and people with lived experience.

Paragraph 4.83

A Market Position Statement should contain information on: the local authority’s direction of travel and policy intent….

Now reads:

A Market Position Statement should contain information on: the local authority’s strategic direction of travel and policy intent…

Paragraph 4.84

Following sentence has been deleted:

The DCMQC web pages include exemplar Market Position Statements and links to examples of good practice

Paragraph 4.85, bullet point 1

• discussions with potential providers

Now reads:

• discussions with current and potential providers

Paragraph 4.89

The Health and Social Care Act 2012 sets out specific obligations for the health system and its relationship with care and support services. It gives a duty to NHS England, clinical commissioning groups, Monitor and Health and Wellbeing Boards…

Now reads:

The Health and Social Care Act 2012 sets out specific obligations for the health system and its relationship with care and support services. It gives a duty to NHS England, ICBs and Health and Wellbeing Boards…

Paragraph 4.93

The following sentence and hyperlink has been deleted:

For example Bexley LA and CCG joint commissioning of preventative services

Paragraph 4.94

Local authorities should consider best practice on commissioning services, for example the NAO guidance to ensure they deliver quality services with value for money…

Hyperlink and wording updated, now reads:

Local authorities should consider best practice on commissioning services, for example guidance and good practice from the National Audit Office on value for money and commissioning, to ensure they deliver quality services with value for money…

Paragraph 4.95

‘discontinuity of care and support’ hyperlink removed:

Re-commissioning and replacing services represents a particular challenge and should be carried out so as to maintain quality and service delivery that supports the wellbeing of people who need care and support and carers, and guards against the risk of a discontinuity of care and support for those receiving services.

Paragraph 4.96

‘De-commissioning services’ hyperlink removed:

 De-commissioning services where there is to be no replacement service should similarly be carried out so as to maintain the wellbeing of people who need care

Paragraph 4.105

‘Public Services (Social Value) Act 2012’ hyperlink has replaced:

Local authorities are under a duty to consider added social value when letting contracts through the Public Services (Social Value) Act 2012  and are required to consider how the services they procure…

Paragraph 4.107

‘contracting to brokers’ hyperlink removed:

Local authorities may consider delegating some forms of contracting to brokers and people who use care and support…

Paragraph 4.109

‘emerging practice on achieving efficiencies’ hyperlink removed:

Recognising that procurement is taking place against a backdrop of significant demand on commissioners to achieve improved value for money and make efficiencies, local authorities should consider emerging practice on achieving efficiencies without undermining the quality of care.

Paragraph 4.111

The Department of Health funded a programme during 2013 to 2014 to support local authorities prepare for market shaping duties, further information is available on the Developing Care Markets for Quality and Choice programme website. The Department also funded a project to develop commissioning standards, Commissioning for Better Outcomes, which are designed to support local authorities, through peer challenge and self-assessment to move towards commissioning practices which underpins the themes of this statutory guidance.

‘Commissioning for Better Outcomes’ hyperlink updated and paragraph now reads:

The department funded a project to develop commissioning standards, Commissioning for Better Outcomes, which are designed to support local authorities, through peer challenge and self-assessment to move towards commissioning practices which underpins the themes of this statutory guidance.

Chapter 5: Managing provider failure and other service interruptions

Paragraph 5.12

‘the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, as amended’ hyperlink added

‘NHS-funded nursing care practice guidance’ hyperlink added

Paragraph 5.16

Schedule 1 and the relevant regulations (see chapter 22).

Now reads:

Schedule 1 and the relevant regulations (see chapter 21 on cross-border placements).

Paragraph 5.22

The temporary duty on local authorities to meet needs in the case of business failure applies regardless of whether the provider is in the market oversight regime.

Now reads:

The temporary duty on local authorities to meet needs in the case of business failure applies regardless of whether the provider is in the market oversight scheme.

Chapter 5.29

The power provides an ultimate backstop for use where the provider cannot or will not meet its responsibilities, and where the authority judges that the needs of individuals are urgent (and where the local authority is not already under a duty to meet the adult’s needs, for example under section 18).

Now reads:

The power provides an ultimate backstop for use where the provider cannot or will not meet its responsibilities, and where the authority judges that the needs of individuals are urgent (and where the local authority is not already under a duty to meet the adult’s needs, for example under section 18 of the Care Act 2014)

Chapter 5.34

Section 5 and the associated guidance sets out authorities’ duties to promote the efficient and effective operation of the local market in care…

Now reads:

Section 5 of the Care Act 2014 and the associated guidance sets out authorities’ duties to promote the efficient and effective operation of the local market in care…

Chapter 5.35

Local authorities may find assessing care market and provider sustainability helpful in developing a proportionate approach.

Hyperlink updated, now reads:

Local authorities may find the Cordis Bright guidance and toolkit helpful in developing a proportionate approach.

Paragraph 5.37

The following paragraph has been deleted:

As part of contingency planning, authorities should discuss with local providers which services they would be willing and able to provide if the need arose because another local provider had failed. This should help to facilitate a prompt response that would help to maintain continuity of care for the people affected. Through its market shaping activities, authorities should encourage trust between the parties so that effective relationships exist where urgent needs are to be met.

Paragraph 5.41

Local authorities may find it useful to consider the Local Government Information Unit guide, Care and continuity: contingency planning for provider failure.

Now reads:

Local authorities may find it useful to consider the Local Government Association guide Market sustainability and contingency planning.

Chapter 6: Assessment and eligibility

Paragraph 6.71 has been split into 2 separate paragraphs 6.71 and 6.72

6.72 Inappropriate caring responsibilities should be considered as anything which is likely to have an impact on the child’s health, wellbeing or education, or which can be considered unsuitable in light of the child’s circumstances and may include:

• personal care such as bathing and toileting
• carrying out strenuous physical tasks such as lifting
• administering medication
• maintaining the family budget
• emotional support to the adult

All preceding paragraph numbers updated to reflect this change.

Paragraph 6.78, bullet point 2

• work with other professionals to ensure the person’s health and care services are aligned. This will require flexibility of systems where possible, for example when sharing information. It will also be strengthened by a culture of common values and objectives at frontline level - joint visits can be helpful here.

Now reads:

• work with other professionals to ensure the person’s health and care services are aligned. This will require flexibility of systems where possible, for example when sharing information it should be offered in a range of formats. It will also be strengthened by a culture of common values and objectives at frontline level - joint visits can be helpful here.

Paragraphs 6.80, 6.82 and 6.83

‘CCG’ changed to ‘ICB’

Paragraph 6.89

The Department of Health has published guidance for certain groups of adults that refer…

Now reads:

The Department of Health and Social Care has published guidance for certain groups of adults that refer…

Paragraph 6.99

The last sentence: ‘What is the national eligibility threshold for adults needing care?’ has been changed to a heading.

Paragraph 6.123

The following text was deleted:

6.121 The following section of the guidance provides examples of how local authorities should consider the outcomes set out in the Eligibility Regulations when they determine whether a carer meets the eligibility criteria.

To be eligible, a carer must be unable to achieve any of the following outcomes as a result of their caring duties:

1. a) carrying out any caring responsibilities the carer has for a child
2. b) local authorities should consider any parenting or other caring responsibilities the carer has for a child in addition to their caring role for the adult. For example, the carer might be a grandparent with caring responsibilities for their grandchildren while the grandchildren’s parents are at work.
3. c) providing care to other persons for whom the carer provides care
4. d) Local authorities should consider any additional caring responsibilities the carer may have for other adults. For example, a carer may also have caring responsibilities for a parent in addition to caring for the adult with care and support needs.
5. e) maintaining a habitable home environment
6. f) local authorities should consider whether the the carer is able to maintain a safe home which is an appropriate environment to live in and whether it presents a significant risk to the carer’s wellbeing. A habitable home should be safe and have essential amenities such as water, electricity and gas.
7. g) managing and maintaining nutrition
8. h) local authorities should consider whether the carer has the time to do essential shopping and to prepare meals for themselves and their family
9. i) developing and maintaining family or other significant personal relationships
10. j) local authorities should consider whether the carer is in a position where their caring role prevents them from maintaining key relationships with family and friends or from developing new relationships where the carer does not already have other personal relationships
11. k) engaging in work, training, education or volunteering
12. l) local authorities should consider whether the carer can continue in their job, and contribute to society, apply themselves in education, volunteer to support civil society or have the opportunity to get a job, if they are not in employment
13. m) making use of necessary facilities or services in the local community
14. n) local authorities should consider whether the carer has an opportunity to make use of the local community’s services and facilities and for example consider whether the carer has time to use recreational facilities such as gyms or swimming pools.
15. o) engaging in recreational activities
16. p) local authorities should consider whether the carer has leisure time, which might for example be some free time to read or engage in a hobby

And replaced with:

6.123 The following section of the guidance provides examples of how local authorities should consider the outcomes set out in the Eligibility Regulations when they determine whether a carer meets the eligibility criteria. To be eligible, a carer must be unable to achieve any of the following outcomes:

(i) carrying out any caring responsibilities the carer has for a child Local authorities should consider any parenting or other caring responsibilities the carer has for a child in addition to their caring role for the adult. For example, the carer might be a grandparent with caring responsibilities for their grandchildren while the grandchildren’s parents are at work.

(ii) providing care to other persons for whom the carer provides care Local authorities should consider any additional caring responsibilities the carer may have for other adults. For example, a carer may also have caring responsibilities for a parent in addition to caring for the adult with care and support needs.

(iii) maintaining a habitable home environment Local authorities should consider whether the condition of the carer’s home is safe and an appropriate environment to live in and whether it presents a significant risk to the carer’s wellbeing. A habitable home should be safe and have essential amenities such as water, electricity and gas.

(iv) managing and maintaining nutrition Local authorities should consider whether the carer has the time to do essential shopping and to prepare meals for themselves and their family.

(v) developing and maintaining family or other significant personal relationships Local authorities should consider whether the carer is in a position where their caring role prevents them from maintaining key relationships with family and friends or from developing new relationships where the carer does not already have other personal relationships.

(vi) engaging in work, training, education or volunteering Local authorities should consider whether the carer can continue in their job, and contribute to society, apply themselves in education, volunteer to support civil society or have the opportunity to get a job, if they are not in employment.

(vii) making use of necessary facilities or services in the local community Local authorities should consider whether the carer has an opportunity to make use of the local community’s services and facilities and for example consider whether the carer has time to use recreational facilities such as gyms or swimming pools.

(viii) engaging in recreational activities Local authorities should consider whether the carer has leisure time, which might for example be some free time to read or engage in a hobby.

As a consequence of that fact there is, or there is likely to be, a significant impact on the carer’s wellbeing

Paragraph 6.128

The following text has been removed from ‘Outcomes’ and moved to ‘Wellbeing’

• control by the individual over day-to-day life (including over care and support provided and the way it is provided)
• participation in work, education, training or recreation
• social and economic wellbeing
• domestic, family and personal relationships
• suitability of living accommodation
• the individual’s contribution to society

Chapter 7: Independent advocacy

Paragraphs 7.21, 7.22 and 7.61

‘CCGs’ changed to ‘ICBs’

Chapter 8: Charging and financial assessment

23 February 2017

Added new bullet point in 15) (c) War Pension Scheme payments made to veterans with the exception of Constant Attendance Allowance payments

Add paragraph 8.21a

Add new bullet point in 29) (l) Payments made to Veterans under the War Pension Scheme with the exception of Constant Attendance Allowance

Paragraph 8.14, bullet point 5

• any service or part of service which the NHS is under a duty to provide. This includes Continuing Healthcare and the NHS contribution to Registered Nursing Care

Now reads:

• any service or part of service which the NHS is under a duty to provide. This includes NHS Continuing Healthcare and the NHS contribution to NHS-funded nursing care (FNC)

Paragraph 8.34

Changed from:

8.34 Where a person is a temporary or short-term resident in a care home, a local authority may choose to charge based on its charging policies outside of a care home. For example, where a person is resident in order to receive respite care, for the first 8 weeks a local authority may choose to charge based on its approach to charging for those receiving care and support in other settings or in their own home.

to:

8.34 Where a person is a short-term or temporary resident there is a degree of discretion or modified charging rules to take account of this.

• a short-term resident is someone provided with accommodation in a care home for a period not exceeding 8 weeks, for example where a person is placed in a care home to provide respite care. Where a person is a short-term resident a local authority may choose to assess and charge them based on the rules for care or support arranged other than in a care home.

• a temporary resident is someone whose stay in a care home is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks. Because a temporary resident is expected to return home their main or only home is usually disregarded in the assessment of whether and what they can afford to pay. In addition, for example, certain housing-related costs are also disregarded in the financial assessment.

Chapter 9: Deferred payment agreements

21 October 2016: paragraph 9.67 changed from:

9.67 The national maximum interest rate will change every 6 months on the first of January and July respectively, to track the market gilts rate specified in the most recently published report by the Office of Budget Responsibility. This is currently published in the Economic and Fiscal Outlook, which is usually published twice-yearly alongside the Budget and Autumn Statement. Local authorities must ensure that any changes to the national maximum rate are reflected within their authority and are applied to any agreements they have entered into (unless they are already charging less than the national maximum). Individual agreements must also contain adequate terms and conditions to ensure that the interest rate within any given agreement does not exceed the nationally-set maximum.

to:

9.67 The national maximum interest rate will change every 6 months on the first of January and July respectively, to track the market gilts rate specified in the most recently published report by the Office of Budget Responsibility (OBR) plus a 0.15% default component (for example, gilt rate 1% plus 0.15% equals a maximum interest rate of 1.15%). The market gilt rate is currently published in the Economic and Fiscal Outlook, which is usually published twice-yearly alongside the Budget and Autumn Statement on the OBR website. The web page shows the latest statement but past statements can be found by clicking on ‘choose’ under the ‘previous forecasts’ heading on the page. The market gilt rate figures are near the bottom of the table: Determinants of the fiscal forecast.

Local authorities must ensure that any changes to the national maximum rate are reflected within their authority and are applied to any agreements they have entered into (unless they are already charging less than the national maximum). Individual agreements must also contain adequate terms and conditions to ensure that the interest rate within any given agreement does not exceed the nationally-set maximum.

Chapter 10: Care and support planning

Paragraph 10.33

This requires the local authority to ensure that information is available in a way that is meaningful to the person, and that they have support and time to consider their options.

Now reads:

This requires the local authority to ensure that information is available in a way that is accessible and proportionate to the person, and that they have support and time to consider their options.

Paragraph 10.33

…local authority alone or with their family, friends or whoever they may wish to involve (this might include web-based resources, written information…

Now reads:

…local authority alone or with their family, friends or whoever they may wish to involve (this might include accessible online resources, written information…

Paragraph 10.56

Where a plan is being jointly prepared by the local authority and the person whose plan it is, or the local authority and a third party, the local authority should ensure that relevant information is shared securely, promptly and in accordance to the Data Protection Act to allow the plan to be prepared in a timely fashion.

Now reads:

Where a plan is being jointly prepared by the local authority and the person whose plan it is, or the local authority and a third party, the local authority should ensure that relevant information is shared securely, promptly and in accordance to the Data Protection Act 2018 and UK GDPR requirements to allow the plan to be prepared in a timely fashion.

Chapter 11: Personal budgets

Paragraphs 11.20 and 11.21

Intermediate care/reablement reablement

Changed to:

Intermediate care, including reablement

Chapter 12: Direct payments

Paragraph 12.22

Where the request for a direct payment has been declined, the person in need of care and support, and any other person involved in the request (for example, nominated or authorised person) should (subject to Data Protection Act requirements) receive the reasons in a format that is accessible to them.

Now reads:

Where the request for a direct payment has been declined, the person in need of care and support, and any other person involved in the request (for example, nominated or authorised person) should (subject to Data Protection Act 2018 and UK GDPR requirements) receive the reasons in a format that is accessible to them.

Paragraph 12.47

January 2023 - the following sentence has been removed:

However, the government intends to extend rights to direct payments in such circumstances from April 2020, to coincide with the introduction of the cap on care costs

Chapter 14: Safeguarding

Paragraphs 14.18, 14.64, 14.72, 14.115 and 14.146

Updated references to ‘CCG’ to say ‘ICB’

Paragraph 14.23

The offence criminalising coercive or controlling behaviour was commenced on 29 December 2015. Read the accompanying statutory guidance for further information.

Hyperlink updated, now reads:

The offence criminalising coercive or controlling behaviour was commenced on 29 December 2015. Read Controlling or coercive behaviour: statutory guidance framework for further information.

Paragraph 14.34

Hyperlink updated:

Read the report on Abuse of Vulnerable Adults in England for more information.

Paragraph 14.46

…Where that is necessary the local authority should make arrangements for providing it.

Now reads:

…Where that is necessary the local authority should make timely arrangements for providing it.

Paragraph 14.50

A change in circumstance should also trigger the review of the care and support plan and, or, support plan. Further information about these considerations can be found in an ADASS paper on carers and safeguarding.

Hyperlink updated, paragraph now reads:

A change in circumstance should also trigger the review of the care and support plan and, or, support plan. Further information about these considerations can be found in the ADASS paper on Carers and safeguarding: a briefing for people who work with carers.

Paragraph 14.69

‘CCG’ changed to ‘ICB’

Paragraph 14.75

…the regulated activity provider has a legal duty to refer to the Disclosure and Barring Service.

Hyperlink updated, now reads:

…the regulated activity provider has a legal duty to submit a barring referral.

Paragraph 14.84, bullet point 5

Hyperlink updated:

Research has found that sometimes evidence from victims and witnesses with learning disabilities is discounted.

Paragraph 14.208

‘CCG’ changed to ‘ICB’

Paragraph 14.221

‘CCGs’ changed to ‘ICBs’

Paragraph 14.230

Skills for Care has produced a recruitment and retention toolkit for the adult care and support sector.

Now reads:

Skills for Care publishes a range of tools and resources to help care providers recruit and retain people who have the right values for their organisation and the adult social care sector. These are available on their Recruitment support page for the adult care and support sector.

Chapter 15: Integration, cooperation and partnerships

Paragraph 15

This chapter provides guidance on:

• Sections 3, 6, 7, 22, 23, 74 and schedule 3 of the Care Act 2014

Now reads:

This chapter provides guidance on:

• Sections 3, 6, 7, 22, 23, and 74 of the Care Act 2014

Paragraphs 15.5, 15.8, 15.9, 15.12, 15.21 and 15.35

Updated references to ‘CCG’ to say ‘ICB’

Paragraph 15.7

b) Commissioning

Building on joint strategic needs assessments, joint commissioning can ensure better outcomes for populations in an area. A local authority may wish to have housing represented at the Health and Wellbeing Board/Clinical Commissioning Groups (CCGs) making a visible and effective link between preventative spend (including housing related) and preventing acute/crisis interventions.

Now reads:

b) Commissioning

Building on joint strategic needs assessments, joint commissioning can ensure better outcomes for populations in an area. Local authorities should continue to bring together relevant teams across adult and children’s social care, housing and the NHS to jointly plan the use of the Disabled Facilities Grant (DFG) budget through the health and wellbeing boards and agree how it can help improve outcomes for priority cohorts.

Paragraph 15.10

Under the Act, local authorities must exercise its care and support functions

Now reads:

Under the Act, local authorities must exercise their care and support functions

Paragraph 15.14

…for example a care and support needs assessment, health assessment and continuing healthcare assessments.

Now reads:

…for example a care and support needs assessment, health assessment and NHS Continuing Healthcare assessments.

Paragraph 15.21

• other local authorities within the area (for example, in multi-tier authority areas, this will be a district council)

Now reads:

• other local authorities within the area

Bullet point added:

• any strategic authority that exists in their area

Paragraph 15.74 and 15.75 were removed

15.74 The integration clauses mirrors similar duties placed on Clinical Commissioning Groups and NHS England. There are a number of relevant documents that local authorities may find of interest:

• the Functions of Clinical Commissioning Groups
• Statutory Guidance on Joint Strategic Needs Assessments and Joint Health and Wellbeing Strategies See part 4: Promoting integration between services
• National Voices, a national coalition of health and social care charities, have produced a narrative for person-centred co-ordinated care and support, showing what this would look like from the perspective of people with care and support needs (PDF, 149KB)

15.75 The following links provide further sources of information in relation to housing service and practical examples which support integration with care and support on a local level:

• Getting to grips with integration: making housing count
• Developing your local housing offer for health and care
• Housing health and safety rating system (HHSRS) guidance
• Hospital to Home: Resource Pack

Chapter 16: Transition to adult care and support

Paragraph 16.52

January 2023 – the following sentences have been removed:

However, from April 2020, people who turn 18 with eligible care and support needs will have those needs met for free by their local authority under the cap on care costs system. The detailed approach on the cap on care costs for working age adults will be confirmed in advance of implementation.

Paragraph 16.57

Broken link to template transition plan removed.

Paragraph 16.83

Broken link to transition information network removed.

Chapter 17: Prisons, approved premises and bail accommodation

Paragraph 17.59

NHS Continuing Healthcare is a package of ongoing care that is arranged and funded solely by the health service for individuals.

Now reads:

NHS Continuing Healthcare is a package of ongoing care that is arranged and funded solely by the NHS for individuals.

Chapter 18: Delegation of local authority functions

26 October 2016: paragraph 18.5 changed from:

18.5 The power to delegate functions in the Care Act does not supersede the pre-existing ability for NHS and local authorities to enter into prescribed partnership arrangements under Section 75 NHS Act 2006. This means that local authorities can enter into partnership arrangements with the NHS for the NHS to carry out a local authority’s ‘health-related functions’ (as defined in the NHS Bodies and Local Authorities Partnership Arrangement Regulations 2000). This effectively authorises NHS bodies to exercise those prescribed functions, including the safeguarding functions that local authorities are prohibited from delegating under the Care Act (see below). In fact all care and support functions under the Care Act can be included in such partnership arrangements except charging, carrying out financial assessments and debt recovery. However, the local authority would still remain legally responsible for how its functions are carried out via partnership arrangements, as with delegated functions.

to:

18.5 The power to delegate functions in the Care Act does not supersede the pre-existing ability for NHS and local authorities to enter into prescribed partnership arrangements under Section 75 NHS Act 2006. This means that local authorities can enter into partnership arrangements with the NHS for the NHS to carry out a local authority’s ‘health-related functions’ (as defined in the NHS Bodies and Local Authorities Partnership Arrangement Regulations 2000). This effectively authorises NHS bodies to exercise those prescribed functions, including the safeguarding functions that local authorities are prohibited from delegating under the Care Act (see below). In fact all care and support functions under the Care Act can be included in such partnership arrangements except charging, carrying out financial assessments and debt recovery. However, the local authority would still remain legally responsible for how its functions are carried out via partnership arrangements, as with delegated functions.

Chapter 19: Ordinary residence

Chapter 19 has been updated to include the Department of Health’s position on the determination of questions of ordinary residence referred to the Secretary of State under section 40 of the Care Act 2014, following the Supreme Court judgment in the case of Cornwall Council v Secretary of State for Health and Others (Cornwall).

The previous version of the Care Act guidance is available on the National archives website

Paragraph 19.16

Hyperlink updated to: R (on the application of Cornwall Council) Secretary of State and Ors (2015, UKSC46).

Paragraph 19.41

19.41 The text now in 19.40, above, starting with ‘Children Act’ was previously put separately as paragraph 19.41. This error has been corrected so there is no longer a paragraph 19.41.

Paragraph 19.62

Updated reference to ‘CCG’ to say ‘ICB’

Chapter 20: Continuity of care

Paragraphs 20.32 and 20.33

Updated references to ‘CCG’ to say ‘ICB’

Chapter 21: Cross-border placements

Paragraphs 21.46 and 21.49

Updated references to ‘CCG’ to say ‘ICB’

Chapter 22: Sight registers

Registration

17 August 2017: Added to end of paragraph 22.4:

If the person consents to registration they will be included on the local authority’s register and be provided with a registration card. The registers can also be used by the local authority to ensure information about services is made accessible to that person for example to ask if support could be given to assist them to participate in electoral events.

Qualifying phrase added to second sentence of paragraph 22.5, which now reads:

22.5 The Certificate of Vision Impairment (CVI) formally certifies someone as being sight impaired or as severely sight impaired. Where the patient has given their consent, a copy of the CVI should be sent to the relevant local authority by the hospital staff. However, people in receipt of a CVI should not be added to the local register until they have given their specific consent to the local authority for registration. If the person has given consent he or she may then be registered. Local authorities may take the date of certification given on the CVI as the effective date of registration. However, if consent has not been given, the person should still be offered a needs assessment.

Last sentence of paragraph 22.7 deleted. The paragraph now reads:

22.7 People who agree to be registered may be entitled to some benefits, for example, an increase in personal tax allowance, a reduction in the cost of a TV license, a free bus pass and parking concessions under the Blue Badge Scheme. It is important that strong links exist between local authorities, health services and voluntary organisations to identify those who may benefit from registration.

Certification

Qualifying phrase added to second sentence of paragraph 22.11, which now reads:

22.11 It is expected that NHS services will keep the completed certificate, signed by the consultant and the patient, for their records. Where the patient has given their consent, a copy of the certificate should be sent to the relevant local authority and the patient’s GP within 5 working days of its completion. The ‘Certificate of Vision Impairment Explanatory Notes for Consultant Ophthalmologists and Hospital Eye Clinic Staff provides information on this.

Qualifying phrase added to second sentence of paragraph 22.12, which now reads:

22.12 The Public Health Outcomes Framework (Domain 4: Healthcare public health and preventing premature mortality) has the overarching objective to reduce numbers of people living with preventable ill health and people dying prematurely and has the ‘preventable sight loss’ indicator. The CVI is the key data source for the preventable sight loss indicator and, where the patient has given their consent, a copy of the form is also sent to Moorfields Eye Hospital for epidemiological analysis of cases where sight loss is due to age-related macular degeneration, glaucoma, diabetic retinopathy and any other cause.

Paragraph 22.13 has been updated, it now reads:

22.13 The Certifications Office at Moorfields Eye Hospital receives the CVIs from hospitals across England and Wales for anonymised analysis by age, sex, visual status, location and ethnicity. These figures are reported to Public Health England so for example, diabetic screening programmes can monitor the numbers of newly certified people in their areas with potentially avoidable eye disease. NHS Digital (previously the Health and Social Care Information Centre) will be issuing their latest report on certification data covering the period 1 April 2016 to 31 March 2017 in the latter part of 2017.

Making contact

Minor deletion to paragraph 22.16, which now reads:

22.16 Upon receipt of the CVI, the local authority should make contact with the person issued with the CVI within 2 weeks to arrange their inclusion on the local authority’s register (with the person’s informed consent) and offer individuals a registration card as identified on the CVI registration form. Where there is an appearance of need for care and support, local authorities must arrange an assessment of their needs in a timely manner.

Rehabilitation

New mention of reablement in paragraph 22.21, which now reads:

22.21 Local authorities should consider securing specialist qualified rehabilitation and assessment provision (whether in-house, or contracted through a third party), to ensure that the needs of people with sight loss are correctly identified and their independence maximised. Certain aspects of independence training with severely sight impaired and sight impaired people require careful risk management and should only be undertaken by professionals with relevant experience and training. This type of rehabilitation should be provided to the person for a period appropriate to meet their needs. This will help the person to gain new skills, for example, when training to use a white cane. As aspects of rehabilitation for people with sight loss are distinct from reablement, refer to the Association of Directors of Adults Social Services’ (ADASS) position statement of December 2013.

Updated ‘Links to other relevant guidance and documentation’ at end of section, to include ‘Seeing it my way’ and Adult UK sight loss pathway.

End of 17 August update

Paragraph 22.11

Where the patient has given their consent, a copy of the certificate should be sent to the relevant local authority

Now reads:

Where the patient has given their consent, a copy of the certificate will, wherever possible, be sent to the relevant local authority

Paragraph 22.19

…published by Royal National Institute for Blind People (RNIB) and Action for Blind People, is a good practice guide that helps inform…

Now reads:

…published by Royal National Institute for Blind People (RNIB) and Action for Blind People, offers a range of resources that helps inform…

Paragraph 22.27

Seeing it my way hyperlink updated

Chapter 23: Guidance on supporting local preparation

January 2023 - Chapter 23 was deleted as a result of an announcement in the government’s Autumn Statement 2022 that the planned adult social care charging reforms were delayed until October 2025.

September 2024 - Following an announcement by the Chancellor of the Exchequer on 29 July 2024, note that the planned adult social care charging reforms, which were inherited from the previous government, will not be taken forward in October 2025.

Annex B: Treatment of capital

Paragraph 19

Hyperlink updated:

An alternative method to get the value of National Savings Certificates is to use the NS&I online calculator.

Paragraph 33

28 June 2017, added to the list of payments that must be disregarded as capital assets at (g) the following:

(xi) Scottish Infected Blood Support Scheme (xii) London Emergencies Trust (xiii) We Love Manchester Emergency Fund

28 March 2024, added to the list of payments that must be disregarded as capital assets at (g) the following:

(xvi) any payment made for the purpose of providing compensation or support in respect of the fire on 14 June 2017 at Grenfell Tower

(xvii) any payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is in connection with the failings of the Horizon system, or otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”)

(xviii) any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020

(xix) any payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the UK

(xx) any payment from the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010

(xxi) any payment made under the Vaccine Damage Payments Act 1979

18 February 2025, added to the list of payments that must be fully disregarded as income at (g) the following:

(xxii) Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme

22 July 2025, added to the list of payments that must be fully disregarded as income at (g) the following:

(xxiii) any payment made under section 133(1) of the Criminal Justice Act 1988 or any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person for a miscarriage of justice arising from criminal proceedings

Annex C: Treatment of income

Paragraph 8

22 July 2025: paragraph 8 amended from:

In all cases, irrespective of setting, employed and self-employed earnings are fully disregarded. [Regulation 13]

to:

In all cases, irrespective of setting, employed and self-employed earnings are fully disregarded. [Regulation 14]

Paragraph 20

28 March 2024: paragraph 20 amended from:

Where a person is in a care home and has a spouse or civil partner who is not living in the same care home and is paying half of the value of their occupational pension, personal pension or retirement annuity to their spouse or civil partner, the local authority must disregard this payment.

to: 

Where a person has a spouse or civil partner they do not live with, and is paying at least half of the value of their occupational pension, personal pension or retirement annuity to their spouse or civil partner for their maintenance, the local authority must disregard an amount equal to 50% of the pension or annuity income concerned.

Paragraph 29

28 June 2017, added to the list of payments that must be fully disregarded as income at (y) the following:

(xi) Scottish Infected Blood Support Scheme (xii) London Emergencies Trust (xiii) We Love Manchester Emergency Fund

28 March 2024, added to the list of payments that must be fully disregarded as income at (y) the following:

(xv) any payment made for the purpose of providing compensation or support in respect of the fire on 14 June 2017 at Grenfell Tower

(xvi) any payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is in connection with the failings of the Horizon system, or otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”)

(xvii) any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020

(xviii) any payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the UK

(xix) any payment made under the Vaccine Damage Payments Act 1979

(xx) any payment from the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010

18 February 2025, added to the list of payments that must be fully disregarded as income at (y) the following:

(xxi) Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme

22 July 2025, added to the list of payments that must be fully disregarded as income at (y) the following:

(xxii) any payment made under section 133(1) of the Criminal Justice Act 1988 or any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person for a miscarriage of justice arising from criminal proceedings

(xxiii) payments by local authorities in relation to placed or supported children

Paragraph 33

The figures for treatment of Income for individuals and couples have been updated.

the following sentence has been removed: ‘Details of Pension Credit are given in Annex I. Examples of how the savings reward is calculated, plus a list of qualifying income, are given in the document Pension Credit and the Savings Disregard.’

08 August 2017, the following Annex C sentence was updated.

It did read:

33) The following income is partially disregarded:

• (a) the first £10 per week of War Widows and War Widowers pension, survivors Guaranteed Income Payments from the Armed Forces Compensation Scheme, Civilian War Injury pension, War Disablement pension and payments to victims of National Socialist persecution (paid under German or Austrian law)

Now it reads:

33) The following income is partially disregarded

• (a) the first £10 per week of War Widows and War Widowers pension, survivors Guaranteed Income Payments from the Armed Forces Compensation Scheme, Civilian War Injury pension, any War Disablement pension paid to non-veterans and payments to victims of National Socialist persecution (paid under German or Austrian law)

Annex D: Recovery of debts

Paragraph 32

Once the court has issued the claim, a Notice of Issue will be sent to the local authority and a copy of the claim to the person the local authority is seeking to recover contributions from

Now reads:

Once the court has issued the claim, sealed copies of the claim will be sent to the local authority and a copy of the claim form and response pack will be served on the person the local authority is seeking to recover contributions from

Paragraph 38

If a claim is defended, it will be provisionally allocated to one of three tracks based solely on the value of the claim.

Now reads:

If a claim is defended, it will be provisionally allocated to one of three tracks based predominantly on the value of the claim.

Annex E: Deprivation of assets

Paragraph 10, example

However, if Emma had purchased the painting immediately prior to entering a care home to give to her daughter with £2,000 previously in a savings account, deprivation should be considered.

Now reads:

However, if Emma had purchased the painting immediately prior to entering a care home to give to her daughter with £2,000 previously in a savings account, deprivation may be considered.

Paragraph 12, example

If Mrs Kapoor knew when she purchased the car that she would be moving to a care home, then deprivation should be considered

Now reads:

If Mrs Kapoor knew when she purchased the car that she would be moving to a care home, then deprivation may be considered

Annex F: Temporary and short-term residents in care homes

Paragraph 5

A decision to treat a person as a temporary resident must be agreed with the person and/or their representative and written into their care plan.

Now reads:

A decision to treat a person as a temporary resident must be agreed with the person and/or their representative and written into their care or support plan.

Annex G: The process for managing transfers of care from hospital for patients with care and support needs

Paragraph 14b)

So, where the NHS considers that the patient may have needs for Continuing Health care to be met by the NHS after discharge, then it must have (i) carried out an Continuing Health care assessment first…

Now reads:

So, where the NHS considers that the patient may have needs for NHS Continuing Health care to be met by the NHS after discharge, then it must have (i) carried out an NHS Continuing Health care assessment first…

Paragraph 16 NOTICE OF REQUEST

an assessment of their Continuing Healthcare needs has been completed and a decision that they are not eligible has been made

Now reads:

an assessment of their NHS Continuing Healthcare needs has been completed and a decision that they are not eligible has been made

Annex H

‘CCG’ and ‘CCGs’ changed to ‘ICB’ and ‘ICBs’

References

The following reference was removed.

8. All NHS Choices web content can be syndicated and used in local systems allowing for automatic updating of information