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(Scotland) Regulations 2003; National Assistance (Assessment Of abcdefghijkl Health Department Miss Thea Teale Directorate of Service Policy and Planning Head of Community Care Division 1 St Andrew’s House Regent Road Circular No. HDL (2003) 7 Edinburgh EH1 3DG Directors of Social Work Telephone: 0131-244 3506 Fax: 0131-244 3515 Copy to Chief Executives of Local Authorities [email protected] Directors of Finance of Local Authorities http://www.scotland.gov.uk Core List Relevant Voluntary Organisations 5 March 2003 Dear Colleague NATIONAL ASSISTANCE (SUMS FOR PERSONAL REQUIREMENTS) (SCOTLAND) REGULATIONS 2003 NATIONAL ASSISTANCE (ASSESSMENT OF RESOURCES) AMENDMENT (SCOTLAND) REGULATIONS 2003 COMMUNITY CARE AND HEALTH (SCOTLAND) ACT 2002 Summary 1. This circular issues new and revised guidance on the charging for residential care in care homes. Specifically, it attaches: Annex A, announcing the revised Personal Expenses Allowance (PEA) of £17.50 from 7 April 2003 for local authority supported care homes residents; Annex B - revised guidance on the 12 week property disregard on permanent entry to residential and nursing care; Annex C - a set of worked examples on the interaction and practical application of top ups and deferred payments with free personal and nursing care and the residential care charging rules; Annex D - endorsement of COSLA’s guidance to local authorities on the recent House of Lords Ruling in the case of Robertson v Fife Council; Annex E – advice on the minor amendment to the National Assistance (Assessment of Resources) Regulations 1992 to restore the pre-14 October 2002 treatment of arrears of specified benefits and related concessionary payments; Annex F – advice on the disregard of statutory adoption/ paternity pay from the financial assessment for residential care; and Annex G – a new updated version of the Charging for Residential Accommodation Guide. The guide has been updated to take account of the new arrangements for free personal and nursing care, top ups and deferred payments (implemented in July 2002) as well as the guidance in Annexes A, B, E and F of this circular. Action 2. Local authorities should replace their existing Charging for Residential Accommodation Guidance with the updated Guide at Annex G. Regulations 3. Copies of The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003, which will come into force on 7 April 2003, and The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003, effective from 28 February, will be available from the Stationery Office (telephone 0131 228 4181) or on the Scottish Statutory Instruments section of the HMSO Website at: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm Enquiries 4. All enquiries relating to this letter and attachments should be addressed to Peter Stapleton (e-mail [email protected], telephone 0131 244 3515) or Agnes Rennick, (e-mail [email protected], telephone 0131 244 3782) 5. Further copies of this letter and attachments are available to interested parties from Agnes Rennick. 6. This circular replaces paragraphs 10 to 13 of Community Care Circular No: CCD4/2001, Guidance Package Index Ref: F2 which are hereby revoked. Future Changes 7. A number of minor revisions to the charging arrangements for residential care are currently under consideration, including changes in response to the new Supporting People payments, Working Tax Credit, Child Tax Credit and Guardian’s Allowance. We will issue separate advice on these issues soon. Yours sincerely MISS T. S. TEALE Head of Community Care Division 1 ANNEX A NATIONAL ASSISTANCE (SUMS FOR PERSONAL REQUIREMENTS) (SCOTLAND) REGULATIONS 2003 Legal basis 1. The amounts that local authorities allow in their charging assessments for personal expenses for people placed in residential accommodation are prescribed in regulations under section 22(4) and (4A) of the National Assistance Act 1948. These amounts are usually increased each April in line with the uprate of the PEA within Income Support Regulations. 2. The standard amount of the Personal Expenses Allowance (PEA) is specified each year in the National Assistance (Sums for Personal Requirements) (Scotland) Regulations and is the same for each resident whether they are placed in a local authority or independent sector care home. New PEA Amount From 7 April 2003 3. Subject to Parliamentary approval, the revised PEA of £17.50 comes into force on 7 April 2003 and applies to all residents in care homes receiving help from local authorities towards the cost of their care. Guidance on PEA 4. Local authorities are reminded that the PEA should not be spent on aspects of board, lodgings and care that have been contracted for by the local authority and/or assessed as necessary to meet individuals’ needs by the local authority and NHSScotland. In this regard, local authorities should ensure that an individual resident’s need for continence supplies is fully reflected in his or her care plan. Neither local authorities nor providers of residential care have the authority to require residents to spend their PEA in particular ways, and pressure of any kind to the contrary is extremely poor practice. 5. Local authorities are reminded that, based on a financial assessment of an individual’s resources under the Assessment of Resources Regulations, individuals must be left with the full value of the PEA. It is then up to each resident to determine how the PEA is spent. This does not preclude residents buying extra services from the care home, where these are genuinely additional to those services that have been contracted for by the local authority and/or have been assessed as necessary by the local authority or NHSScotland. Nor does it preclude arrangements agreed between the resident and the care home, particularly where the care home manager is acting as an agent or appointee on behalf of the resident, for the PEA received by the resident to be reduced on an occasional or routine basis for the purchase of additional services. Local authorities are also reminded that under section 22(4) of the National Assistance Act they have the power to increase the PEA in individual cases. This will be particularly important for residents where certain activities or services, although not specifically included in their care plan, can nevertheless contribute significantly to optimum independence and well being. Charging for Residential Accommodation Guide The consolidated guidance has been updated to reflect the uprate of the PEA. ANNEX B. 12-Week Property Disregard On Permanent Entry To Residential And Nursing Care Background 1. The 12-week property disregard came into force on 9 April 2001 and followed a commitment in the Scottish Executive’s response to the Royal Commission on long term care. Under the disregard, residents should have the value of their property disregarded for the first 12 weeks of their stay in residential care. The National Assistance Act (Assessment of Resources) Regulations 1992 and the Charging for Residential Accommodation Guide have been amended to reflect this change. Policy Context 2. The disregard provides limited state financial support to people who enter residential accommodation and offers residents a breathing space between entering a care home on a permanent basis and deciding how best to fund the move, or whether to return to their own homes 3. In particular local authorities will need to be aware of the following: a) The disregard does not affect current property disregards as described in Charging for Residential Accommodation Guidance, and does not replace current provisions within the charging system for temporary residential accommodation. If a person is firstly considered temporary, the property is disregarded (schedule 4 para1 of the 1992 Regulations). Once the stay has been confirmed as permanent then the property will be disregarded under the new provisions for a further 12 weeks. b) The disregard is for 12 weeks from the moment that permanent admission to residential accommodation commences. This may follow a temporary stay. c) The local authority will determine if a person is eligible for the disregard. People will be eligible if: · They entered or commenced permanent accommodation on or after 9 April 2001; and · After assessment the local authority confirms that an applicant is in need of permanent residential accommodation and takes over the arrangements for it. d) A resident is entitled to the 12 week disregard irrespective of the amount of his remaining assets after the value of his property has been disregarded from the financial assessment. However, a resident may still be required to contribute towards his care home fees from his remaining capital if it exceeds the lower capital limit of £11,500. The contribution made by the resident towards these costs will be calculated according to the residential care charging financial assessment. e) The disregard is not available to people who entered any form of permanent residential accommodation prior to 9 April 2001, and have remained in permanent residential accommodation. f) It can be claimed from the local authority up to 12 weeks following admission to permanent residential care. Local authorities should make their assessment of applications without undue delay. However, delays on the part of the local authority that go beyond 12 weeks following permanent admission do not affect a resident’s entitlement to the disregard. If the application is successful, the 12 week disregard applies from the date of permanent admission, not the date of the claim. g) If people sell their homes within 12 weeks, the disregard ceases to have effect from the date of the sale. h) Where a person leaves residential care (where they have been living on a permanent basis), before the end of the 12 weeks and then re-enters on a permanent basis within 52 weeks they will be entitled to the remaining balance of the 12-week disregard. If a resident leaves permanent care and then re-enters more than 52 weeks later, they will qualify for the disregard again.
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