Decision details

Background Information:

Local authorities have had the ability to charge for residential care (under section 22 (1) of the National Assistance Act 1948) and for non-residential services (under section 17 of the Health and Social Services and Social Security Adjudications Act 1983) for a number of years, this is not a statutory requirement, but Kent County Council (KCC) utilised this ability for most non-residential services.

Statutory guidance on charging for residential and non-residential care and support under the Care Act 2014 section 14 is provided in theCare and Support Statutory Guidance. All previous guidance documents, such as theCharging for Residential Accommodation Guideand Fairer Charging Guidance came to an end on 1st April 2015, ceasing these powers and duties.

KCC exercised its power under Section 14 of The Care Act 2014 to continue to charge at the same rates and in the same ways from 1 April 2015 after the Care Act bill was passed.

KCC has been more generous with its charging policy since it began charging in 2002 and has not made any significant changes to its charging policy since 2011.  KCC has now had to review the subsidies that it provides to some people to ensure consistency, fairness and the best use of its funds to support all its Adult Social Care clients.

The project has been initiated to look to amend sections of KCC discretionary charging in the Non-Residential Charging Policy to align it with the government’s Department of Health’s (DoH) guidelines.

These changes will look to align KCC with a standard charging model employed by the DoH and several other local authorities.

The Cabinet Member for Adult Social Care and Public Health agrees to:

(i)            AMEND the Adult Social Care and Health Non-Residential Charging Policy to align with the Department of Health’s Minimum Income Guarantee Guidance; and

(ii)          DELEGATE authority to the Corporate Director of Adult Social Care and Health, or other nominated officer, to implement the decision