Agenda item

SOCIAL SERVICES AND WELL-BEING (WALES) ACT 2014 -POLICY AND PROCEDURE REVISIONS FOR CHARGING ADULTS FOR SERVICES

Meeting of Cabinet, Monday, 21st March, 2016 10.00 am (Item 16.)

Minutes:

The Executive Board considered a report on the provisions of the Social Services and Well-being (Wales) Act coming into force from the 6^th April 2016 that provided a statutory framework to deliver the Welsh Government’s commitment to focus on well-being, rights and responsibilities.

The Board was advised that in November 2015 the Welsh Government passed both the regulations and Code of Practice in respect of Part 5 of the Act which specifically related to charging service users for the services they received. Whilst, the late publication of the regulations and the Code of Practice had provided only limited time to implement the changes necessary as part of the Act, the report detailed its main areas that specifically related to financial assessments and charging, which were required to be considered at the outset. It was therefore proposed that during the next financial year a new revised policy, bringing together elements of existing policies, together with any changes from the report would be submitted to a future meeting for approval.

In response to a concern expressed by Councillor Cundy, that the wording of recommendation 8 could result in some service users being offered only two care homes any where within the County being geographically disadvantaged, it was confirmed that the wording could be re-examined. It was also clarified that prior to any placement being offered to an individual, a full needs assessment would have to be undertaken based on that individual’s personal circumstances.

The Director of Communities also advised that whilst each individual’s circumstances were unique, it was important the policy reflected the assessment process which would be incorporated within the review to be submitted to a future meeting.

UNANIMOUSLY RESOLVED THAT:

16.1	Carmarthenshire continued to charge for placements into a care home other than for those which were excluded by the Act and would charge for all placements into a care home from the first day of placement.
16.2	The charge would be based on recovering the cost of the placement in full subject to the resident being financially assessed in accordance with the legislation, regulations, code and local policy to pay less than the full cost, in which case the resident would be charged their assessed charge according to their means.
16.3	The charge per night for all short term placements (including respite care and flexi beds) would be based on recovering the cost of the placement in full. For placements into a Local Authority care home the charge would be the standard charge and for placements into an Independent Sector care home it would be the contracted amount. (Service users would pay a maximum charge of £60 per week with many paying far less or having the service free).
16.4	The non-residential assessment rules be applied to stays which were assessed at the outset as not exceeding 8 weeks on any one occasion and did not apply to temporary placements and permanent placements.
16.5	Short term stays that extended beyond 8 weeks on any one occasion would be charged as though the resident was temporary or permanent (see Appendix 1) as appropriate from the first day of the 9^th week and in line with definitions within the Act, Regulations and Code.
16.6	A period of transitional protection was implemented so that where a service user had respite care, he/she would not be asked to pay any more for an episode of respite care only, than they would otherwise have paid before 6^th April 2016. This protection would last up until the service user had a review of their care package or until 31^st March 2017 whichever was the sooner.
16.7	Carmarthenshire would apply its charges from the first day of service for all services with a charge. This would apply to non-residential services and placements into a care home.
16.8	Choice of Accommodation offered to a service user was based on two care homes of the same type anywhere in the County and not restricted geographically unless there were specific geographical needs included in the Care and Support plan.
16.9	Where a service user, who was not assessed to pay the full cost of the placement, chose accommodation which was more expensive than the options offered at the time of placement then the additional cost would be calculated from the mid-point of the rates charged by those two care homes offered.
16.10	Where a service user was able to pay for the full cost of their placement then in accordance with the legislation they can choose any care home and would be required to pay the full cost of their placement.
16.11	Carmarthenshire does not charge for assessed care and support to a service user where it was provided to the service user in an educational setting and whilst attending a recognised educational course.
16.12	The new Act, Regulations and Code would be applied to existing service users from the 6^th April 2016.
16.13	The existing policies be retained except for those elements of the policies and practices which were changed as the result of decisions stemming from this report and those elements which were now not compliant with the new legislation.

Supporting documents: