Specialist Care Fees Advice

Introduction to the Community Care Act

The Community Care Act became law in April 1993. The Act's aim is to help people who need care to stay in their own homes if possible. It does this by:

• encouraging day care and caring for people at home;
• giving practical support such as breaks from caring for friends and relatives;
• properly managing and assessing the need for care;
• encouraging private sector care organisations;
• explaining care agencies' responsibilities; and
• making sure taxpayers get value for money.

The Act made the following important changes:

• Local Authorities must now assess the need for care, choose someone to provide it and make sure that it is delivered within the Local Authority's available funds.
• Local Authorities plan how community care services should develop.
• Local Authorities must use private care organisations as much as possible.
• A new funding structure was introduced from April 1993 for people going into care homes. Each Local Authority has a set of fee guidelines for community care services. They also have guidelines on how to assess services and decide who will benefit from them.
• If a person is entitled to Income Support or Housing Benefit, they will be paid wherever they live.

The Local Authority involved will be the one for your county, metropolitan borough or district, London borough or for the City of London. Their phone number and full address will be in the phone book.

In the UK, Social Services and the National Health Service are responsible for providing community care services, except in Northern Ireland where the appropriate Area Health and Social Services Board is responsible. Social Services are responsible for:

• home help or home care;
• respite care;
• day care;
• night-sitting services;
• care home care;
• providing equipment to help people cope with day-to-day tasks.

The NHS is responsible for:

• nursing;
• chiropody or physiotherapy;
• supplies for people who are incontinent.
  

The Health and Social Care Act 2001 introduced free nursing care. NHS Funded Nursing Care only applies to people in a care home setting and is different for each country within the UK.

It is NOT paid to the person receiving care but to the care home directly and therefore may not result in a reduction in the fees charged. The value of this 'free' nursing is as follows:

England

From 1st April 2008, a single flat rate of £108.70 per week.

Wales

A single flat rate of £120 per week.

The Scottish parliament have decided they can afford to provide free personal care as well as free nursing care. Care home residents needing personal care only will receive £149 per week and those requiring nursing £216 per week. But they will not be able to claim Attendance Allowance or DLA. The personal care element is also available to those receiving care at home. Other benefits you may be entitled to...

If you are receiving financial support from the local authority, you will be expected to claim any income support you are entitled to and pass this with your other income to the local authority.

If you are not receiving any financial support from the local authority you may be able to claim the non-means tested and tax free Attendance Allowance or Disability Living Allowance.

Attendance Allowance

This benefit applies if you start to need care after you are 65 and you need looking after for more than six months. People who are severely physically disabled and need help with personal care such as washing and dressing or people who are mentally impaired and need continual supervision can claim this. The benefit is paid at one of two rates.

• Lower rate of £47.80 each week. This is for people who need care by day or night but not both. • Higher rate of £71.40 each week (2011). This is for people who need care both day and night.
• Disability Living Allowance This benefit applies if you become disabled before you are 65. You can have this instead of Attendance Allowance. It has two parts.
• The care part is for people who need help with personal care. It is paid at £18.95, £47.80 or £71.40 each week depending on the level of disability (2011).
• The mobility part is for people who need help with getting around. Depending on how severe the problem is, it is paid at £18.95 or £49.85 each week.

You may be entitled to one or both parts depending on your situation.

Both Attendance Allowance and the care part of Disability Living Allowance are stopped four weeks after moving into a Local Authority home or where the Local Authority is responsible for the fees payments to a private care home.

In this situation the Local Authority takes over payment of these benefits.