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The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2022
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- 2022 No. 243
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Care and Support (Charging and Assessment of Resources) Regulations 2014 (S.I. 2014/2672) (“the 2014 Regulations”).
The 2014 Regulations set out how local authorities calculate the amounts individuals can be required to contribute towards their care. These Regulations increase some of the figures specified in the 2014 Regulations.
When a local authority calculates someone’s contribution from their income to the cost of their care, the person must be left with a minimum weekly amount depending on their circumstances. These amounts are set out in the 2014 Regulations.
For those in a care home, this amount is the personal expenses allowance. Regulation 2(2) amends regulation 6 of the 2014 Regulations to increase the personal expenses allowance.
For those not in a care home, these are the minimum income guaranteed amounts, which vary according to the circumstances of the individual. Regulation 2(3) amends regulation 7 of the 2014 Regulations to increase these amounts.
Regulation 2(4) amends the figures set out in paragraph 40 of Schedule 1 to the 2014 Regulations. This paragraph provides for the disregarding of certain sums for those receiving savings credit under the State Pension Credit Act 2002 when a local authority is calculating someone’s income for the purposes of establishing how much they can afford to contribute towards their care.
Schedule 2 to the 2014 Regulations lists categories of capital that must be disregarded by local authorities when calculating someone’s assets for charging purposes. Regulation 2(5) inserts a new paragraph 40 into that Schedule to disregard any payment received by the adult under Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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