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Care Act resource page

The Care Act received Royal Assent on 14 May 2014. This is a list of online resources available.

Act

The Care Act 2014

The Act includes provision for:

  • a minimum eligibility threshold across the country – a set of criteria that makes it clear when local authorities will have to provide support to people.
  • local authority duty to consider the physical, mental and emotional wellbeing of the individual needing care. They will also have a new duty to provide preventative services to maintain people’s health.
  • the care system to be built around each person – through Personal Budgets.
  • a cap on personal ‘care costs’ (not including accommodation costs) of £72,000.
  • carers to be entitled to an assessment in their own right.

Regulations

The Care and Support (Assessment) Regulations 2014 - These Regulations make further provision about assessments concerning adults, children moving into adulthood, supported self assessments and carers. It also concerns the training of assessors.

The Care and Support (Business Failure) Regulations 2015 - Sections 48 to 52 of the Care Act 2014 (“the Act”) impose duties (“temporary duties”) on local authorities in England and Wales, and on Health and Social Care trusts in Northern Ireland (“HSC trusts”), to meet care and support needs of adults, or support needs of carers, in circumstances where registered providers of care are unable to carry on because of “business failure”. These Regulations make provision as to the interpretation, for those purposes, of “business failure” and as to circumstances in which a person is to be treated as unable to do something because of “business failure”. (As regards Scotland, certain duties are imposed on local authorities under Part 2 of the Social Work (Scotland) Act 1968.).

The Care and Support (Children’s Carers) Regulations 2015 - Section 62(1) of the Care Act 2014 (“the Act”) provides a power for local authorities in England to meet the support needs of the carer of a child in circumstances where the authority has carried out an assessment of the carer’s needs under section 60 in advance of the child becoming 18. These Regulations make provision in connection with the exercise of that power.

The Care and Support (Continuity of Care) Regulations 2014 – These regulations are concerned with the portability of a care package.

The Care and Support (Direct Payments) Regulations 2014 - These Regulations make provision for local authorities to meet a person’s needs by the making of a direct payment in accordance with sections 31 to 33 of the Care Act 2014.

The Care and Support (Discharge of Hospital Patients) Regulations 2014 - These Regulations make provision for the details of the scheme for the discharge of hospital patients with care and support needs set out in section 74 of, and Schedule 3 to, the Care Act 2014.

The Care and Support (Disputes Between Local Authorities) Regulations 2014 - These Regulations set out the procedures to be followed when disputes arise between local authorities regarding a person’s ordinary residence under Part 1 of the Care Act 2014, or about the application of sections 37 (continuity of care and support – notification and assessment) or 48 (provider failure – temporary duty on local authority) of that Act. By virtue of section 117(4)(a) of the Mental Health Act 1983(1), the procedures applying to disputes regarding a person’s ordinary residence under Part 1 of the Care Act 2014 also apply to disputes between local authorities about a person’s ordinary residence for the purposes of section 117 of the Mental Health Act.

The Care and Support (Eligibility Criteria) Regulations 2015 - These Regulations specify the eligibility criteria for the purposes of Part 1 of the Care Act 2014.

The Care and Support (Eligibility) (Wales) Regulations 2015 - These Regulations set out the test which a local authority must apply to determine whether or not an individual with needs identified in an assessment under section 19, 21 or 24 of the Social Services and Well-being (Wales) Act 2014 (“the Act”) is entitled to have those needs met by a local authority. The Regulations set out the tests to be applied in relation to adults, to children and to carers.

The Care and Support (Independent Advocacy Support) Regulations 2014

The Care and Support (Independent Advocacy Support) (No. 2) Regulations 2014 - Section 67 of the Care Act 2014 (“the Act”) imposes a duty on local authorities to arrange for an independent advocate to be available to represent and support certain persons for the purpose of facilitating those persons’ involvement in the exercise of functions by local authorities. The persons in question are those whom the local authority considers would otherwise experience significant difficulty in doing certain things such as understanding information. These Regulations make provision in connection with the making of such arrangements.

The Care and Support (Market Oversight Criteria) Regulations 2015 - Section 54(1) of the Care Act 2014 (c.23) (“the Act”) imposes a duty on the Care Quality Commission to determine whether a registered care provider satisfies the criteria for entry into the market oversight regime (see section 53 of the Act). These Regulations set out the entry criteria to the market oversight regime, which is a regime to monitor the financial sustainability of certain difficult to replace registered care providers.

The Care and Support (Market Oversight Information) Regulations 2014 - Section 55(1) of the Care Act 2014 (c.23) imposes a duty on the Care Quality Commission to assess the financial sustainability of a registered care provider subject to the market oversight regime. These Regulations make provision for the Commission to obtain information from persons other than the registered care provider to assist it in making this assessment.

The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014 - Section 39 of the Care Act 2014 (“the Act”) makes provision for establishing an adult’s ordinary residence. Section 39(1) makes provision about an adult’s ordinary residence in a case where an adult is living in accommodation of a specified type. These Regulations specify and define three types of accommodation for these purposes: care home accommodation, shared lives scheme accommodation and supported living accommodation.

The Care and Support (Personal Budget: Exclusion of Costs) Regulations 2014 - These Regulations provide that a local authority must exclude costs of meeting needs from a person’s personal budget in certain circumstances if the costs are incurred in meeting needs by the provision to the person of intermediate care and reablement support services.

The Care and Support (Provision of Health Services) Regulations 2014 - These Regulations make provision in respect of three different issues, all of which concern the relationship between, on the one hand, local authorities and, on the other, clinical commissioning groups or, in certain cases, the National Health Service Commissioning Board (“NHS bodies”) at the boundary between their respective areas of responsibilities: the issue of consent to arranging the provision of nursing care by a registered nurse; the issue of joint working between local authorities and NHS bodies and the issue of resolving disputes between local authorities and NHS bodies.

The Care and Support (Sight-impaired and Severely Sight-impaired Adults) Regulations 2014 - Section 77(1) of the Care Act 2014 sets out the requirement on local authorities to establish and maintain a register of adults who are ordinarily resident in their area and are sight-impaired or severely sight-impaired. These Regulations specify the persons who are to be treated as being sight-impaired and severely sight-impaired for the purposes of that section (those certified by a consultant ophthalmologist).

Guidance

Care Act Statutory Guidance

Sets out statutory guidance on how the Act will work and the various ‘must dos’ and ‘should dos’ for local authorities. There is also a 46 page easy read summary of the guidance. 

Information

Department of Health Care Act Factsheets

Local Government: general briefing on the Care Act showing key changes

Parliamentary briefing

Local Authorities

Delivering Care & Support Planning ­- supporting implementation of the Care Act 2014 - Produced by Think Local Act Personal (TLAP) to help councils stick to the letter of the law as well as improve people's wellbeing.

Local Government: briefings for councillors

SCIE: Commissioning independent advocacy guide

Skills for Care: Workforce capacity planning

Other

Think Local Act Personal - TLAP is a national partnership of more than 50 organisations committed to transforming health and care through personalisation and community-based support. The site has Care Act resources.

They have also produced a number of resources, for councils, on the Care Act. These are:

Shaping the future - part 1
This report belongs to a set of three designed to support local areas to improve their provision of information, advice and brokerage for people who need social care. Shaping the future - part 1 explores the implications of the Care Act for councils and their strategic partners.

Seeing the benefits - part 3
This report belongs to a set of three designed to support local areas to improve their provision of information, advice and brokerage for people who need social care. Seeing the benefits - part 3 discusses what benefits might be delivered by information, advice and brokerage services, and how these might be measured.

Gearing up for change - part 2
This report belongs to a set of three designed to support local areas to improve their provision of information, advice and brokerage for people who need social care. Gearing up for change - part 2 discusses the work in progress at six volunteer sites and draws out lessons from their work.

For other TLAP resources go to http://www.thinklocalactpersonal.org.uk/