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The Care and Support (Charging and Assessment of Resources) Regulations 2014
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This version of this part contains provisions that are prospective.
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Changes and effects yet to be applied to Part 3:
- Regulations applied (with modifications) by S.I. 2015/305 reg. 2(3)(b) 13
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 Pt. 1 para. 17A inserted by S.I. 2017/555 reg. 2(b)
- Sch. 2 para. 36 inserted by S.I. 2018/687 reg. 2
- Sch. 2 para. 37 inserted by S.I. 2020/112 reg. 2
- Sch. 2 para. 38 39 inserted by S.I. 2021/717 reg. 2
- Sch. 2 para. 42 inserted by S.I. 2022/1038 reg. 2
- Sch. 2 para. 40 inserted by S.I. 2022/243 reg. 2(5)
- Sch. 2 para. 41 inserted by S.I. 2022/743 reg. 2
- Sch. 2 para. 43 inserted by S.I. 2023/405 reg. 2
- reg. 7(10) inserted by S.I. 2015/644 reg. 3(c)
Prospective
PART 3E+WAssessment of financial resources
Financial assessmentE+W
9. A local authority must carry out a financial assessment of the adult under section 17(1), (3) or (4) of the Act in accordance with the provisions of Parts 3 to 5 of these Regulations.
Commencement Information
I1Reg. 9 in force at 1.4.2015 in accordance with reg. 1
Circumstances in which an authority is to be treated as having carried out a financial assessment (including light touch assessments)E+W
10.—(1) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources exceed the financial limit(1) where—
(a)the adult has refused a financial assessment; or
(b)the authority has been unable to carry out a full financial assessment because of the adult’s refusal to co-operate with the assessment and the local authority nevertheless decides to meet some or all of the adult’s needs for care and support, or for support.
(2) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources do not exceed the financial limit where—
(a)with the consent of the adult, the authority has not carried out a financial assessment in accordance with these Regulations; and
(b)the authority is satisfied from the evidence available to it that the adult’s financial resources do not exceed the financial limit.
(3) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources exceed the financial limit where—
(a)with the consent of the adult, the authority has not carried out a financial assessment in accordance with these Regulations; but
(b)the authority is satisfied from the evidence available to it that the adult’s financial resources do exceed the financial limit.
Commencement Information
I2Reg. 10 in force at 1.4.2015 in accordance with reg. 1
Rounding of fractionsE+W
11. Where any financial assessment of the adult concerned, under section 17(1), (3) or (4) of the Act, results in a fraction of a penny, that fraction is, if it would be to that adult’s advantage, to be treated as a penny, otherwise it is to be disregarded.
Commencement Information
I3Reg. 11 in force at 1.4.2015 in accordance with reg. 1
Financial limit - capitalE+W
12.—(1) If the financial resources of an adult who is a permanent resident (in terms of capital) exceed £23,250, the local authority is not permitted to pay towards the cost of the provision of accommodation in a care home for that adult(2).
(2) If the financial resources of an adult who has needs for care and support other than as a permanent resident (in terms of capital) exceed £23,250, the local authority may (but need not) pay towards the cost of that care and support.
(3) If the financial resources of a carer whose needs involve the provision of support (in terms of capital) exceed £23,250, the local authority may (but need not) pay towards the cost of the provision of that support for the carer(3).
Commencement Information
I4Reg. 12 in force at 1.4.2015 in accordance with reg. 1
(1)
See section 17(10) of the Act as to the meaning of “the financial limit”.
(2)
See section 17(8) of the Act as to the requirement for regulations to make provision as to cases or circumstances in which, if the financial resources of an adult exceed a specified level, a local authority is not permitted to, or may (but need not) pay towards the cost of the provision of care and support for the adult. Section 17(8) has been commenced in modified form for the purposes of making regulations by S.I. 2014/2473. See also section 17(10) of the Act as to the meaning of “the financial limit”.
(3)
See section 17(9) of the Act as to the requirement for regulations to make provision as to cases circumstances in which, if the financial resources of a carer exceed a specified level, a local authority is not permitted to, or may (but need not), pay towards the cost of the provision of support for the carer. See also section 17(10) of the Act as to the meaning of “the financial limit”.
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