Care Act 2014: supporting implementation
Support for local authorities to carry out the implementation for part 1 of the Care Act 2014.
Documents
Details
Care and support statutory guidance is currently under review
The Health and Care Act 2022 revoked Schedule 3 and amended Section 74 of the Care Act 2014 on 1 July 2022. This means that certain parts of the care and support statutory guidance are out of date and in the process of being updated to reflect the relevant statutory changes.
This edition was published on 10 March 2016 and supersedes the version issued in October 2014. It takes account of regulatory changes as well as feedback from stakeholders and the care sector.
Last updated 28 March 2024 + show all updates
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Updated to reflect new capital and income disregards, and to clarify the position around occupational pensions, personal pensions or retirement annuities paid to a spouse or civil partner.
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Updated to reflect a change in DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case.
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Updated paragraph 17.73 of the care and support statutory guidance to make clear that Section 72 (the introduction of an appeals system for reviewing care and support decisions made by local authorities) remains under review.
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Email address added to chapter 19 for ordinary residence referrals to the Secretary of State.
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Amendments were made to paragraphs 3.41,12.47 and 16.52 of the guidance, and 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 are now delayed until October 2025.
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Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that the Supreme Court has granted Worcestershire County Council's application for an appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.
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Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.
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Updated 'List of changes made to the Care Act guidance' to say that chapter 23 was fully replaced on 15 June 2022.
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Following public consultation, we've entirely updated chapter 23 in this guidance. This is to remove references to parts of the Care Act 2014 which have already been implemented and to update the charging reform section which is yet to be implemented.
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Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note the judgment from the Court of Appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.
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Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that permission to appeal has been granted by the Court of Appeal.
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Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' following the High Court judgment in R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council. The update confirms DHSC's position.
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Added a document to clarify the status of the care and support statutory guidance pending the outcome of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council.
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Paragraph 33(g) of Annex B (treatment of capital) has been updated. Added point xv, which states that any payment made to a former child migrant as part of the government scheme established for the former British child migrants should be disregarded when calculating how much capital should be taken into account.
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Updates made to chapter 19 'ordinary residence': removed references to determinations that had been stayed pending the outcome of Cornwall. Clarifications have been made about the process of seeking an ordinary residence determination, and a review of an ordinary residence determination.
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In Annex G paragraph 8, guidance for issuing an assessment notice has been expanded to include when NHS bodies can or must issue an assessment notice. In paragraph 9 guidance has been added on local agreements for assessment notices between NHS bodies and local authorities. In Annex H paragraph 26, guidance on accommodation as part of a package of care has been amended to clarify the process when an individual is placed in a care home with the local authority an individual is ordinarily resident in.
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An addition has been made to the list of capital assets to be disregarded in annex B. The addition is about payments made under or by a trust supporting people with disabilities caused by their mother taking a preparation containing the Thalidomide drug during pregnancy.
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Chapter 9 has been amended to explain how the deferred payment agreement scheme operates. This is because of changes to the Care and support (Deferred Payment) Regulations on 5 February 2018.
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Several minor updates to chapter 22: sight registers.
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Additions to the list of capital assets and other income that must be disregarded - see Annex B para 33 and Annex C para 29.
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Updated to reflect changes in the law on charging armed forces veterans for care and support from 10 April 2017.
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Update to chapter 19 to reflect the department's position on the determination of questions of ordinary residence following the case of Cornwall Council v Secretary of State for Health.
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Update to paragraph 18.5 to make clearer how s75 of the 2006 Act and the Care Act work together.
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Updated with amendments to Chapter 9: Deferred payment agreements (paragraph 9.67)
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Updates to the Care Act Statutory guidance
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First published.