The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2023

Statutory Instruments

2023 No. 277

Social Care, England

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2023

Made

6th March 2023

Laid before Parliament

8th March 2023

Coming into force

6th April 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(7), 17(7), (11) and (12) and 125(7) of the Care Act 2014(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2023.

(2) These Regulations come into force on 6th April 2023.

(3) These Regulations extend to England and Wales.

Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014

2.—(1) The Care and Support (Charging and Assessment of Resources) Regulations 2014(2) are amended as follows.

(2) In regulation 6 (Personal expenses allowance for residents or temporary residents provided with accommodation in a care home), for “£25.65” substitute “£28.25”.

(3) In regulation 7 (Minimum income guaranteed amount for other adults and carers whose needs are being met otherwise than by the provision of accommodation in a care home)—

(a) in paragraph (1)(b) for “£86.20” substitute “£94.90”;

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£74.60” substitute “£82.15”;

(ii) in sub-paragraph (b) for “£94.15” substitute “£103.65”;

(iii) in sub-paragraph (c) for “£194.70” substitute “£214.35”;

(c) in paragraph (3) for “£94.15” substitute “£103.65”;

(d) in paragraph (4)—

(i) in sub-paragraph (a) for “£73.95” substitute “£81.40”;

(ii) in sub-paragraph (b) for “£148.65” substitute “£163.65”;

(e) in paragraph (5)—

(i) in sub-paragraph (a) for “£41.55” substitute “£45.75”;

(ii) in sub-paragraph (b) for “£20.30” substitute “£22.35”;

(f) in paragraph (6)—

(i) in sub-paragraph (a) for “£29.60” substitute “£32.60”;

(ii) in sub-paragraph (b) for “£14.60” substitute “£16.05”; and

(g) in paragraph (7) for “£44.55” substitute “£49.05”.

(4) In paragraph 40 of Part 1 of Schedule 1 (Sums to be disregarded in the calculation of income)—

(a) for “£5.90” wherever it occurs substitute “£6.50”;

(b) for “£8.85” wherever it occurs substitute “£9.75”.

Signed by authority of the Secretary of State for Health and Social Care

Helen Whately

Minister of State,

Department of Health and Social Care

6th March 2023

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 an individual’s contribution from their income towards the cost of their care, the individual should be left with a minimum weekly amount depending on their circumstances. A local authority is not permitted to charge an individual for meeting their needs if, after the deduction of the individual’s contribution, the individual’s income would fall below these weekly amounts. These amounts are set out in regulations 6 and 7 of 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.

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.

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 an individual’s income for the purposes of establishing how much they can afford to contribute towards their care.

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.

(1)

2014 c. 23.

(2)

S.I. 2014/2672; relevant amending instruments are S.I. 2015/644, 2022/243.