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Department for Health and Social Care issue a consultation on draft statutory guidance concerning the care charging reforms

Posted on 14th March 2022 in Probate & Wills, Later Life Planning, Safeguarding Vulnerable Clients

Posted by

Sue Halfyard

Senior Associate and Chartered Legal Executive
Department for Health and Social Care issue a consultation on draft statutory guidance concerning the care charging reforms

The DHSC have issued draft guidance concerning the implementation of the lifetime cap and other charging reforms.  Their draft guidance will have a statutory footing and comprises two documents on which the government will seek views on being:

  • how the government may support local authorities to prepare for the implementation of the cap on care costs
  • how charging reforms will be implemented by amending the DHSC's Care and support statutory guidance.

The consultation document summarises the background to the charging reforms and seeks views on aspects of the two draft guidance documents.

Supporting local preparation: draft guidance

The draft guidance on supporting local authorities is intended to help them to prepare for the reforms so that they understand the likely demand.  They must take staps to raise awareness of the reforms.  Local Authorities will also need to carry out early assessments from April 2023 in order to help manage demand for assessments and ensure people can benefit from charging reform at the earliest opportunity from October 2023.  Local authorities should develop an understanding of their current and future workforce needs, in order to assist with managing demand and delivering additional assessments and the new requirements on their information systems and processes.

Implementing the cap on care costs: draft operational guidance

The government intends to amend guidance by inserting three new chapters and making consequential amendments. These concern the cap on care costs, independent personal budgets (IPBs) and care accounts.

For each person with eligible care and support needs, the local authority must provide a statement setting out what the cost of meeting these is (or would be) to it. For people whose needs are being met by the local authority, the statement will be in the form of a personal budget.

Responding to the consultation

The consultation closes on 1 April 2022.

How can Tozers help?

For further advice and help with later life planning, please contact our dedicated Probate and Wills team who will be more than happy to help.

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