The legal and regulatory context for charging
Sections 14 and 17 of the Care Act 2014 (as amended) provide the legal framework for charging for adult social care and support. Section 14 of the Act provides a local authority with the power to charge for meetings needs under sections 18 to 20 of the Act. Section 17 of the Act creates a duty for a local authority to carry out a financial assessment which would arise where the local authority thinks that if it were to meet an adult's needs for care and support, or a carer's needs for support, it would charge the adult or carer under section 14(1) of the Act.
The Care and Support Charging and Assessment of Resources Regulations 2014 describe the limitations on local authority powers to make a charge for meeting needs under section 14 of the Act; and provide details about the requirements for carrying out financial assessments for the purposes of section 17 of the Act. Section 2(1) of the Act requires a local authority to provide or arrange for the provision of services, facilities or resources (or take other steps) which it considers will contribute towards preventing, delaying or reducing the needs for care and support of adults or for support in relation to carers.
The Care and Support Preventing Needs for Care and Support Regulations 2014 describe the rules permitting and prohibiting a local authority from making a charge for the provision of services, facilities and resources under section 2 of the Act. The ‘Care and Support Statutory Guidance (CSSG), issued by the Department of Health in October 2014 and updated in June 2020 sets out how a local authority should perform its care and support responsibilities. This includes details about interpreting and applying the rules relating to charging and financial assessments as defined in both the Act and regulations.
This policy has been written in accordance with the CSSG and related primary and secondary legislation. The policy will need to be revised from time to time to take into account any provisions of the Care Act 2014 that are brought into force, any new statutory instruments and any amending or repealing legislation.