Statutory guidance

List of changes made to the Care Act guidance

Updated 28 March 2024

Chapter 2: Preventing, reducing or delaying needs

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:

‘2.60 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:

‘2.60 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 (ie. adaptations up to the value of £1,000) (see also 8.14).’

Chapter 3: Information and advice

Paragraph 3.41

January 2023 – the following bullet point has been deleted:

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

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 6.99

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

6.121

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 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 8.34 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 12: Direct payments

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 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.

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

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

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 are now delayed until October 2025.

Annex B: Treatment of capital

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

Annex C: Treatment of income

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

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)