- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
3.—(1) A local authority(1) must not make a charge for meeting needs under section 14(1) of the Act where the care and support, or support which is provided to an adult, under section 18, 19 or 20 of the Act, is a service specified in paragraph (2)(a) or (b).
(2) The following are specified—
(a)a service which consists of the provision of community equipment (aids and minor adaptations);
(b)intermediate care and reablement support services for the first 6 weeks of the specified period or, if the specified period is less than 6 weeks, for that period.
(3) In this regulation—
“community equipment (aids and minor adaptations)” means an aid, or a minor adaptation to property, for the purpose of assisting with nursing at home or aiding daily living and for the purposes of this paragraph, an adaptation is minor if the cost of making the adaptation is £1,000 or less;
“intermediate care and reablement support services” means care and support, or support provided to an adult by the local authority under section 18, 19 or 20 of the Act which—
consists of a programme of care and support, or support;
is for a specified period of time (“the specified period”); and
has as its purpose the provision of assistance to an adult to enable the adult to maintain or regain the ability needed to live independently in their own home.
4. A local authority must not make a charge for meeting needs under section 14(1) of the Act where the care and support is provided to an adult, under section 18, 19 or 20 of the Act, suffering from variant Creutzfeldt-Jakob disease.
5. Where a local authority is meeting needs because Condition 2 in section 18, or Condition 2 or 4 in section 20, of the Act is met, the charge the authority may make under section 14(1)(b) of the Act may only cover the cost that the authority incurs in putting in place the arrangements for meeting those needs.
6. The amount specified for the purposes of section 14(7) of the Act(2) in relation to a resident or temporary resident provided with accommodation in a care home is £24.40 each week.
7.—(1) Subject to paragraph (8), the amount specified for each week for the purposes of section 14(7) of the Act (“the minimum income guaranteed amount”) in relation to the adult concerned specified in paragraph (2), (3), (4), (5), (6) or, as the case may be, (7) is the aggregate of—
(a)the amount specified in relation to that adult in that paragraph(3);
(b)where the adult concerned is responsible for, and a member of the same household as, a child, the amount of £82.95 in respect of each child; and
(c)any applicable premium under paragraphs (4) to (7).
(2) Where the adult concerned is a single person and—
(a)is aged 18 or older but less than 25, the amount of £71.70;
(b)is aged 25 or older but less than pension credit age, the amount of £90.50;
(c)has attained pension credit age, the amount of £185.45.
(3) Where the adult concerned is a lone parent aged 18 or over, the amount of £90.50.
(4) Where the adult concerned is a member of a couple and—
(a)one or both are aged 18 or over, the amount of £71.05;
(b)one or both have attained pension credit age, the amount of £141.55.
(5) Where the adult concerned is a single person who is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of—
(a)disability premium, the amount of the applicable premium is £39.85;
(b)enhanced disability premium, the amount of the applicable premium is £19.45.
(6) Where the adult concerned is a member of a couple and one member of that couple is in receipt of, or the local authority considers would, if in receipt of income support, be in receipt of—
(a)disability premium, the amount of the applicable premium is £28.35;
(b)enhanced disability premium, the amount of the applicable premium is £13.95.
(7) Where the adult concerned is in receipt of, or the local authority considers would, if in receipt of income support be in receipt of, carer premium, the amount of the applicable premium is £42.75.
(8) Where a local authority provides non-care related support for the adult concerned the minimum income guaranteed amount in relation to that adult is the amount calculated in accordance with paragraph (1) less an amount equal to the cost the local authority incurs in providing that non-care related support for the adult concerned.
(9) In this regulation—
“the adult concerned” means—
an adult who has needs for care and support under section 18, 19 or 20 of the Act other than the provision of accommodation in a care home;
a carer who has needs for support under section 20 of the Act;
“non-care related support” includes support which consists of services or activities such as the provision of meals on wheels, shopping or transport services or recreational activities.
8. A local authority may, if it thinks fit, financially assess and charge a short-term resident as if they are receiving care and support, or support under section 18, 19 or 20 of the Act other than the provision of accommodation in a care home.
See section 1(4) of the Act as to the meaning of “local authority”; the definition is limited to local authorities in England.
Under section 14(7) of the Act, the local authority may not make a charge under section 14(1) of the Act if the income of the adult concerned would, after deduction of the charge, fall below the amount specified in regulations.
A buffer of 25% has been added to each specified amount and the applicable premium.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: