| Circular SWSG13/93 - Community Care:
National Assistance (Assessment of Resources) (Amendment) Regulations 1993, Guidance on
Charging - Amendment 1
Information to be given to the resident
1.013 Each resident should be informed in writing of the
charge they have been assessed to pay, or the standard charge, and how this has been
calculated. This information should be provided annually as a minimum and whenever there
has been a change in the assessment. Similar information should be provided to prospective
residents. The notification should include the name of the person dealing with the
financial assessment, to whom question or comments could be addressed, and information
about how to pursue any unresolved problems through the social work departments’
complaints procedure.
Residents unable to handle their own affairs
1.014 There will be occasions where a resident is unable to
provide the local authority with the information needed to assess the charge because they
are generally unable to handle their own affairs. In these cases the local authority
should find out if anyone has a Power of Attorney or any other dealings with the
resident’s affairs (eg someone who has been given appointeeship by the Department of
Social Security for the purpose of Benefit payments).
Collecting charges from residents in independent homes
Resident to pay the charges direct to the home
1.015 Normally, residents will pay their assessed charge
direct to the local authority. However, Section 26(3A) of the National Assistance Act 1948
provides for an exception to this rule for residents placed by local authorities in
independent sector homes: where the resident, the local authority, and the organisation or
person managing the premises all agree, the resident may pay direct to the home the amount
that he or she would otherwise pay to the local authority. This will leave the local
authority responsible for paying the home the remainder of the cost. (Section 26(3A) was
inserted into the 1948 Act by Section 42(4) of the National Health Service and Community
Care Act 1990, which provision extends to Scotland).
Liability for payment to the home
1.016 This exception to the normal rule is an
administrative easement which will be particularly useful where the resident and home
provider wish to maintain a tenant-landlord relationship, for example where the premises
are provided by a housing association. However, authorities should note that they remain
responsible for the full amount should the resident fail to pay the home as agreed. In
such a case the authority will recover the charge from the resident in the normal way.
Section 26(3A)(a)
Treatment of fractions in assessment
1.017 When any calculation in the assessment results in a
fraction of a penny, round up if that would be in the resident’s favour, otherwise
round down.
Reg 4
Social Security Benefits
Local authority managed homes
1.018 People in residential accommodation which is managed
or provided by a local authority are entitled to Income Support at an amount equivalent to
the basic State Retirement Pension. People in this accommodation who receive at least the
basic pension are not entitled to Income Support.
1.019 People in residential accommodation which is managed
or provided by a local authority but which does not include board are entitled to Income
Support as if they were living in their own home and may claim Housing Benefit.
Independent homes
1.020 People in registered independent residential care and
nursing homes are entitled to Income Support at the same rate as if they were living in
their own homes, plus a residential allowance. They are not entitled to Housing Benefit.
1.021 People in unregistered residential accommodation are
entitled to Income Support at the same rate as if they were living in their own homes.
They are not entitled to residential allowance, but may claim Housing Benefit.
Attendance Allowance/Disability Living Allowance (Care
Component)
1.021A See Annex D for details of entitlement to Attendance
Allowance and Disability Living Allowance (DLA) (Care Component).
Admission to Hospital
1.022 When a resident is admitted to hospital, his Social
Security benefits will be reduced after a period. See Annex E for details.
Preserved rights
1.023 Local authorities have however, through regulations
under Section 86A of the Social Work (Scotland) Act 1968, to make residential
accommodation arrangements for specified categories of people who have preserved rights to
special levels of Income Support following full implementation of the community care
provisions in the NHSCC Act 1990 in April 1993. Where such arrangements are made the
charging regulations and rules in this guidance will apply.
Liaison with Department of Social Security/Benefits
Agency
1.024 It is important that LAs maintain good liaison
arrangements with the Benefits Agency District Offices as in some aspects of the
assessment the LA if they have not been able to obtain necessary information from the
resident or another source, may need to contact the Benefits Agency’s District
Office. (see Circular SW8/93).
Complaints
1.025 Complaints about the level of charge levied by a
Local Authority are subject to the usual LA complaints procedures outlined in the Social
Work Services Group Circular SW5/1991, "Complaints Procedures", issued in
February 1991 and in the Practice Guidance, "A right to complain" issued in
August 1991.
• water rates
• payments under:
• co-ownership scheme
• tenancy agreement or licence of a Crown tenant
Schedule 3 para 27 Couples |
