Introduction
Consultation on Adult Social Care charging policy for community care services
We would like to hear your views on the proposed changes to our charging policy for community care services. The consultation closes on Sunday 7 September 2025.
This policy sets out our position on charging for adult social care services.
It is effective from 2 October 2016. This policy has been produced in accordance with the legal requirements set out in:
- (Sections 14,17, 69 and 70)
The key elements that apply to charging for support services in the community and residential or nursing accommodation are described briefly within this document. There is a separate Charging Policy for our Universal Deferred Payment Scheme.
This policy clearly states our position on areas where there is discretion within the legislation.
Background
The Care Act 2014 provides a single legal framework for charging for care and support. Where a local authority arranges care and support to meet a person's eligible need, the local authority has a power to charge that individual, except where the local authority is required to arrange care and support free of charge.
We will make a charge for adult social care support services, with the exception of those services listed under "Charging for care and support at home".
Principles
We will apply a means test to ensure that people are not charged more than they can reasonably afford to pay, in accordance with the above regulations and guidance.
Information on charging will be clear and transparent to ensure people know what they will be charged. A written record of the financial assessment will be given to the person to explain how the assessment has been carried out, what it will be, how often it will be made and the reason for any fluctuations.
Policy statement
This policy has been developed following a consultation with ÌÇÐÄvlog¹ÙÍø residents currently receiving care and support who may be affected by any changes. It has been developed with reference to and the Public Sector Equality Duty. The Equalities Act requires public bodies to have due regard to the need to prevent discrimination, advance equal opportunities and encourage positive relationships.
Charging for residential and nursing care
We will charge for residential and nursing accommodation provided under the Care Act 2014, unless it is prohibited from doing so. We will use the legislation and guidance referred to above to assess the level of the adult's resources and the amount of any contribution the person is required to make.
Where a person has assets above the upper capital limit and we have a duty to make the arrangements for residential care and support services, we will apply an administrative fee to cover the cost of making the arrangements. The set-up fees from 1 April 2025 are:
- arrangement fee of £375 *
- annual charge of £144.60 * - payable on 1 April each year
* Subject to annual review each April.
Charging for care and support at home
The following services will be charged for:
- home care services. This includes, for example, help with personal care, practical tasks, shopping, bathing, night care and night sitting and support workers
- attendance at day services
- housing related support such as warden assistance supported living and extra care housing
- direct payments (with the exception of those paid to carers)
- major adaptations to property
- transport
- respite care (including in residential accommodation)
When a person receives more than 1 of the above services, charges will not be made for any 1 service in isolation. The impact of charges for 1 service on the user's income will be taken into account in assessing whether a charge should be made for another service.
The following services will not be charged for:
- services for carers
- aftercare services provided under section 117 of the Mental Health Act 1983
- services provided to a person suffering from any form of Creutzfeldt-Jacob Disease
- equipment to help with daily living
- minor adaptations to property where the cost does not exceed £1000 intermediate care services, including reablement, of up to 6 weeks
- providing information and advice, assessments of need and support planning
- any service or part of a service that the NHS has a duty to provide, this includes continuing healthcare and the NHS contribution to registered nursing care
Financial assessments
The financial assessment will determine the person's 'ability to pay'; that is whether they will be required to pay all of, part of, or none of the cost of their care and support.
'Ability to pay' is assessed by taking into account the person's capital, income, personal allowance, household expenditure, and disability related expenditure.
If a person declines a financial assessment, it will be assumed that they can meet the full cost of their care and support from the start date of the service.
Where a person has assets above the upper capital limit and we have a duty to make the arrangements for non-residential care and support services, we will apply an administrative fee to cover the cost of making the arrangements. The set-up fees from 1 April 2025 are:
- arrangement fee £375 *
- weekly fee of £16.10 * for each week we commission support
* Subject to annual review each April.
In these circumstances, we will secure the person's agreement in writing to pay the actual cost of payments made on their behalf to care providers.
'Light-touch' financial assessments
In some circumstances we will consider that a financial assessment has already been carried out and there will be no need to go through the full process. The main circumstances are:
- where a person has significant financial resources and does not want to have a financial assessment
- where we are satisfied that the person can afford the charges due because their savings are clearly above the upper limit, any property taken into account is above the upper capital limit, or they would have sufficient income to pay the full cost
- where there is a small or nominal charge for a service which the person can clearly meet
- where the person is in receipt of Income Support or Guarantee Credit
Evidence of these circumstances will be required.
As part of the 'light-touch' assessment, we must be satisfied that the person is willing to pay for their care and support as long as that care is needed.
We will make it clear to the person when we carry out a 'light-touch' financial assessment and of their right to request a full assessment.
Capital
Capital taken into account, capital disregarded and the value of capital and assets is as defined within the Care Act 2014 regulations, with additional guidance provided by the Care and Support Statutory Guidance 2014.
A person with capital or assets of more than the upper capital limit, other than the value of their main home, will be required to pay the full cost of their care and support. The upper capital limit for care and support at home is £24,500.
Tariff income from capital will be calculated in accordance with the regulations for those in residential or nursing accommodation. Tariff income from capital will be disregarded in full for those people receiving care and support at home.
Income taken into account, and income that is to be disregarded, is defined in the Care Act 2014 regulations, with additional guidance provided by the Care and Support Statutory Guidance 2014, with the exception of tariff income, which will be calculated as stated as above.
The total of all income to be assessed is known as 'available income'.
Personal allowances
A personal allowance will be calculated for the individual.
The personal allowance for non-residential services will equal the Minimum Income Guarantee (MIG) set out in regulations each year.
Household expenditure
An allowance will be made for the following household expenditure for care and support at home:
- mortgage repayments - net of payments from the Department of Work and Pensions or a mortgage protection scheme
- rent payments - net of Housing Benefit
- Council tax payments - net of Council Tax Benefit
- water rates and metered water charges
- buildings insurance
Allowances will be made in respect of Maintenance Orders determined by the Court or Child Support Agency (CSA).
Disability related expenditure
Allowance will be made for disability related expenditure (DRE) for care and support at home. Reasonable expenditure needed for independent living by the person, where they have little or no choice other than to incur that expenditure, will be allowed. This policy will ensure that assessed charges do not result in a person being left without the means to pay for any other necessary care, support or for other costs arising from their disability.
We recognise that some people may not wish to discuss additional expenditure incurred due to their disability. A £20 disregard will be applied to all people in respect of these costs, regardless of whether or not the costs are actually incurred. This will ensure that the process of assessment is not made unduly complex for people.
The minimum £20 disregard will not prevent proper consideration of a person's full disability related expenses. Everybody will be given the opportunity to identify costs in excess of the £20 disregard and will be supported and given personal assistance in claiming such costs where applicable.
A list of possible disability related costs and examples of reasonable evidence requirements are found in Appendix A. The list is neither exclusive nor exhaustive and will be reviewed as part of the monitoring of the implementation of this policy. Discretion will need to be given on the level of costs claimed taking into account an individual's particular circumstances.
We may verify that items claimed for have actually been purchased, particularly for unusual items or where there is a high cost. Evidence of DRE will be requested at our discretion. Where evidence is not available, the assessment will take into account the person's views and a request will be made for future receipts to be retained. If, despite a request to keep receipts, a person does not do so, and there is doubt about the expenditure, the cost will not be included in the assessment.
Costs claimed which arise from personal choice for a higher quality product or service than that provided by us will not be taken into account. Where a reasonable alternative is available for a lesser cost, an amount equal to the lesser cost will be allowed for.
Assessing ability to pay
The person's net available income (NAI), upon which a charge can be made, will be calculated as follows for care and support at home:
Total of 'available income'
Less
Minimum Income Guarantee (MIG)
Household expenditure
Disability related expenditure