Purpose

Agreement of revised Adult Social Care Policy
Statements

Content

1. The ASC Policy Statements were first
approved by Cabinet on 20th February 2019. The document details
where the Council has made policy decisions where there is
discretion available within the Care Act 2014; for example the
Council has chosen to charge for care and support.

2. The revised ASC Policy Statements are included in Appendix
1

The revisions include:

3. Use of Direct Payment Cards (Paragraph 5): The Council has
chosen to offer direct payment cards as its primary mechanism for
providing direct payments. The ASC Policy Statements therefore
clarifies this position and confirms that the Council will only
consider alternative payment methods where there is a benefit to
the person. As this change is for clarification only, there is no
impact on people of this change.

4. Arranging care home for self funders with depleting funds:
(Paragraph 8-9) The Care Act Guidance states that Local Authorities
may choose to support self-funders to arrange care in a care home.
Previously if an adult had capital in excess of the £23,250
capital threshold, the Council could signpost adults to source
their own care home arrangements. This could result in people
sourcing their own placement, and then in a short period of time
when their funds have depleted to the capital threshold limit, the
Council is required to re-source care arrangements, potentially
requiring a person to change care homes.

5. The revised policy statement ensures that if an adult’s
capital assets are likely to reduce such that they become eligible
for the Council to arrange care within the next three months, that
the Council would offer to source a care home at this initial
stage. The person will be charged in full for the cost of their
care by direct debit and will be required to complete a financial
assessment.

6. Funding of health care (Section B) – the Care Act Guidance
already states at 8.14 that the council “must not charge for
certain types of care and support which must be arranged free
… any service or part of service which the NHS is under a
duty to provide.” To ensure further clarity “ASC Policy
Statements for joint funding arrangements with the NHS” have
been added to provide clarity on the Council’s arrangements
when jointly funding care with the NHS. As these changes is for
clarification only, there is no impact on people of this
change.

7. Charging for replacement care/ respite (paragraph 46-47): The
policy statements previously confirmed that the Council has chosen
not to charge for carers’ services. There is a risk that this
has led to confusion that respite/replacement care is not
chargeable. The revised wording confirms that as
respite/replacement care is provided for the person, not the carer,
that this type of support is chargeable. As this change is for
clarification only, there is no impact on people of this
change.

8. Community equipment (Aids and minor adaptations –
paragraph 48-49) – the Care Act Guidance 8.14 states that
“aids must be provided free of charge whether provided to
meet or prevent/delay needs”. The previous wording in the ASC
policy may have suggested that people are charged for aids, this is
incorrect as the Council does not charge for aids. The wording has
therefore been updated to confirm that only minor adaptations
exceeding the cost of £5,000 are charged. This change removes
the risk of misinterpretation; there is no change in practice and
therefore no impact on people.

9. Revision of ASC Policy regarding completion of financial
assessment. (paragraph 52-57). There are occasions where people do
not complete their financial assessment in a timely manner which
can result in people accumulating debt. The statements in the ASC
Contribution Policy have been revised to provide clarity on the
arrangements for completing a financial assessment and it does not
represent a change in current practice.

10. Phasing-in Mitigation (paragraph 82). The ASC Contribution
policy was originally drafted recognising that at this time some
people may have been receiving services under older legislation; as
this no longer applies the policy statements have been updated to
reflect that people are now charged under the current legislation.
As this change is for clarification only, there is no impact on
people of this change.

11. Refusing a DPA where person does not have property registered
(paragraph 96): The Council will in future advise people that it
will refuse a deferred payment agreement until the property is
registered. The impact of this change is that people would be
required to pay for the cost of their care until the property is
registered and then an application for a Deferred Payment Agreement
could then be submitted.

12. Cease offering a Short Term DPA: The previous ASC Policy
statements included provision for a Short-term DPA, as this is a
“discretionary scheme” (clause 9.66 of care act
guidance) the Council can choose not to offer this option. The
Council has removed the option of a “Short term DPA”
option from the policy statements. The impact of this change is
that people who are in the process of selling their property to
fund the cost of their care, and do not have access to alternative
funds to pay the cost of their care, will be required to either
enter into a “full” DPA or enter a private loan to pay
for their care. This change would only impact on people in the
future.