Topic 3 - Local authority provision Flashcards

1
Q

What were the key reforms to the Care Act 2014 (key changes to adult health and wellbeing)

A
  • Ensure and promote adult health in all respects, and safety of the cared for and carers. Wellbeing is the key principle throughout this Act.
  • Create a clearer and more consistent care system
  • Establish a system that delays/reduces the need to receive care
  • Increase involvement for those receiving care
  • Change system of charging for care
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2
Q

Care Act 2014 (implemented from April 2015) set lots of rules/guidance for care sector. Especially for the following:

A
  • Promote wellbeing
  • Providing advice and information
  • Promote inclusion and diversity
  • Assessing care needs of those that need it
  • Assessing financial situation of those who need care (whether they need to contribute or not)
  • Making payments to the individual’s so they can buy their services
  • A cap on care costs was also implemented in the Act.
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3
Q

What are the charging reforms, and when were they announced

A
  • In September 2021, the gov announced a reform to adult S care in England, known as the charging reforms.
  • Designed to change charging structure to provide more care.
  • More than £5bn was quoted by H&S care levy
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4
Q

When were the charging reforms cancelled and delayed to

A
  • In September 2022, gov cancelled the levy and delayed the reforms, but instead capped care costs until 2025.
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5
Q

The Health & Care Act 2022 sought to improve the 2012 & 2014 Act, and the key changes were

Big changes to the NHS

A
  • Gives the Health Secretary more authority over H services
  • Formalises and removes competition between integrated care systems (ICSs). This means the 2 parts that make these up, integrated care boards (ICBs, which replace CCGs) and integrated care partnerships (ICPs) now have statutory powers and accountability on a local level over following areas – NHS finances and funding (ICBs) and strategy issues, public health, social care, population health issues (ICPs).
  • Essentially, ICS brings together local authorities and third-sector bodies to the NHS and deliver care.
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6
Q

What does the following stand for:
* ICB
* ICS
* ICP

A

Integrated Care Boards
Integrated Care Systems
Integrated Care Partnerships

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7
Q

Health and Care Act 2014 states a number of key principles that should be considered by local authorities when carrying out care activities or functions:

A
  • The importance of beginning with the assumption that the individual is best-placed to judge the individual’s wellbeing.
  • The individual’s views, wishes, feelings and beliefs.
  • The importance of preventing or delaying the development of needs for care and support and the importance of reducing needs that already exist.
  • The need to ensure that decisions are made having regard to all the individual’s circumstances (and are not based only on their age or appearance, any condition they have, or any aspect of their behaviour which might lead others to make unjustified assumptions about their wellbeing).
  • The importance of the individual participating as fully as possible.
  • The importance of achieving a balance between the individual’s wellbeing and that of any friends or relatives who are involved in caring for the individual.
  • The need to protect people from abuse and neglect.
  • The need to ensure that any restriction on the individual’s rights or freedom of action that is involved in the exercise of the function is kept to the minimum necessary.
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8
Q

LAs must act to promote wellbeing and take steps to … the need for care

A

prevent and delay

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9
Q

Domiciliary care and Resi care where not provided by the NHS, is liable to the

A

Local Authorities

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10
Q

Under Care Act 2014, LA is required to carry out a … assessment (cared for) and … assessment.

A

Needs
Carer’s

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11
Q

When was the minimum threshold introduced for LAs to use when conducting a needs assessment

A

Care and Support (assessment) Regulations 2014.

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12
Q

What should a LA assessment consist of

A
  • Needs assessment
  • Financial assessment
  • Creation of plan
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13
Q

Community care services (provided by local authorities) include:

A
  • Home help/care
  • Respite care
  • Day care
  • Night-sitting
  • Provision of aids (devices etc.) to help
  • Meals on wheels
  • Care home
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14
Q

At what point should finances be consideres in the LA assessment

A

After initial assessment so outcome not swayed by finances

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15
Q

Before Care Act 2014, no national minimum threshold was in place, so each local authority created its own eligibility criteria. Guidance was issued under

A

Fair Access to Care Services (FACS).

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16
Q

Care assessment carried out by care specialist on behalf of

A

the local authority or the NHS.

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17
Q

Eligibility thresholds are based on how a person’s needs affect their ability to reach an outcome. LA must consider whether the person’s needs:

A
  • Arise from impairment, disability or illness
  • Make them unable to achieve two or more specified outcomes
  • Are as a result of not meeting these outcomes and is affecting their wellbeing
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18
Q

An adult’s need are only eligible where they meet all three of those criteria points. The specified outcomes are as follows:

Eligibility thresholds & LA considerations

A
  • Managing and maintaining nutrition
  • Maintaining hygiene
  • Managing toilet needs
  • Being able to dress appropriately
  • Being able to move around the home safely
  • Keeping the home clean and safe
  • Developing and maintaining family relationships
  • Accessing and engaging in work, activities etc.
  • Safely using facilities and services i.e. bus, shopping etc.
  • Carrying out any necessary responsibilities i.e. childcare
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19
Q

In April 2004, a single assessment process (SAP) was introduced to ensure…

A

all agencies that are responsible for different areas of care (social care, health care, housing needs etc.) work together for one assessment.

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20
Q

Although the SAP complies to national minimum threshold and SAP guidance, local authorities can do it in different ways. SAP includes 4 types of processes that can be used:

A
  1. Contact assessment – contact with H&S care staff where basic info is given and identifying any significant needs.
  2. Overview assessment – wider looking at needs in the context of domains. Domains include user’s:
    * Perspective
    * Clinical background
    * Disease prevention
    * Personal care and physical wellbeing
    * Senses
    * Mental health
    * Relationships
    * Safety and immediate environment
    * Resources
  3. Specialist assessment – more detailed examination of specific need
  4. Comprehensive assessment – more detailed than overview assessment, may be carried out by multiple people
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21
Q
  • Specialist assessment
A

more detailed examination of specific need

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22
Q
  • Comprehensive assessment
A

more detailed than overview assessment, may be carried out by multiple people

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23
Q

No national rules on how quick care assessment needs to be completed, but performance indicators state LA’s should

A

start assessments within 48 hours, completing them within 28 days and implementation within next 28 days.

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24
Q

After care needs have been determined, a care and support plan is drawn up. A written record of the plan should be drawn up and agreed, and include the following:

A
  • Details of eligible needs
  • Objective of the service provision and agreed outcomes and how they will be met
  • Contingency plans (emergencies)
  • Risk assessment to identify potential risks
  • Details of services offered and if contributions are necessary and how much
  • Support that others (voluntary agencies etc.) are willing to provide
  • Support to be provided to address any needs
  • Review date
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25
Q

First review for new claimants will be within … months of commencement, and at least … thereafter.

A

3
once a year

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26
Q

LA must provide necessary provisions if assessed as eligible as per national minimum threshold. This could be in … Where there is more than one option, … option usually chosen. Some LA’s … the care given in home support or sheltered accom before advising to go to a care home.

A
  • sheltered accom, home support or care home
  • cheapest
  • limit
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27
Q

Ideas on how local councils do this process to better the experience for the cared for:

A
  • Separating care and support planning from assessment of needs, and using contractors or separate in-house teams) to allow for a better experience and more patient focused
  • Outsourcing for care planning so the patient can choose from a panel of planners to help plan their services, gives a feeling of involvement and choice
  • Assessing all needs and whole life situation before recommending any plan, gives a personal touch and touches all bases with the patient
28
Q

LA assessment includes a means-tested financial assessment. Covers all assets and also income and also the individual’s share of any joint income. Income should be assessed net of … This may also account for some …

A
  • housing costs and other costs (i.e. home insurance or utilities).
  • State benefits
29
Q

LA’s have had a long-standing right to recover costs of care, introduced in the … As a result of the Care Act 2014, LA’s can choose whether to … but most do charge unless they legally have to provide services for free.

A

Health and Social Security Adjudications Act 1983.
Charge or not

30
Q

If someone’s finances mean they cannot receive LA care, they may still request …, but LA are not required to assist.

A

domiciliary care services

31
Q

First, LA will assess what is needed. Then assess individual’s finances to see if costs are to be met in full or in part. LA use … support statutory guidance to assist with this.

A

care and support

32
Q

What is the care and support statutory guidance

A

this is the reforms announced in 2021 that have been delayed to 2025. They propose new limits and caps on care contributions, due to be enforced in October 2025. Costs capped at £86,000 and bands for who needs to pay as follows (based on currently owned capital):

  • Under £20k – fully funded by LA, may take part of income
  • £20k-£100k – contributions may be necessary but means-tested
  • Over £100k – self funded until drop under £100k or when £86k cap reached
33
Q

Care costs do not cover the following:

A
  • Accommodation
  • Utilities
  • Food
  • Consumables
  • Lifestyle & wellbeing
    Instead, it covers all type of care received in the care home. Those listed above are covered by families or individuals capital.
34
Q

Upper capital limit for residential charging in England and NI is

A

£23,250

35
Q

People who have more capital than £23,250 may be asked to pay for full services. Those between … and £23,250 may be asked to contribute. (As per Care and Support (Charging and Assessment of Resources Regulations 2014)).

A

£14,250

36
Q

Certain income is disregarded. A tariff is put on income between £14,250 and £23,250, of … This means they will be down as having an extra £x of income between this range when assessing income to contribute to the services.

A

£1 for every £250
1

37
Q

PEA

A

Personal expenses allowance, for people who are in fully-funded LA care. Money to live on. Current weekly amount for 24/25 is £30.15 per week.

38
Q

MIG

A

– Minimum income guarantee, for people receiving fully-funded non-residential care from LA, level of MIG differs on a number of factors. Many different rates of this, see GOV.UK website for more.

39
Q

After all income calculated, … deducted if they are receiving it. After all deductions, final amount left over is the amount that … expect you to contribute.

A

MIG & PEA
LA

40
Q

When assessing how much income and individual has, they may … some of the individual’s income. This is … for the claimant as it will state they have less income and the LA will have to make up more of the fees if they are paying it for the claimant.

A

disregard ,fully or partly,
better

41
Q

Income that may be disregarded partly:

A
  • £10 per week of war widowers/disablement pension
  • War pension apart from constant attendance allowance
  • 50% of private pension if individual has a partner
  • Savings credit (part of pension credit)
  • Flat rate where person has high income and no entitlement to pension credit
42
Q

Full disregarded income:

A
  • PEA
  • Mobility components of disability living allowance or Personal independence payment
  • Earnings from employment
  • Guardians allowance or child tax credit
  • Christmas bonus
  • Winter fuel payment
  • Housing benefit
  • Income from savings
  • Income from mortgage DTA
  • Certain charitable and voluntary payments
43
Q

Capital disregarded in the financial assessment:

A
  • Capital below the lower limit
  • Surrender value of prot policies, inv bond policies linked to life assurance, and annuities
  • Funds in trust
  • Capital in discretionary trust
  • Value of home if partner resides there full time, or if relative is over 60 or dependant under 18
  • Value of home for first 12 weeks of permanent care home residency
44
Q

Deprivation of Assets

A

This is when people sell, transfer or buy assets to get rid of some of the capital in their estate to make themselves eligible for funded care. Selling an asset for less than its market value is also classed as deprivation of assets.

45
Q

Deliberate deprivation may not always occur because of care charges, LA must have

A

sufficient evidence of the intention before anything can be accused.

46
Q

Department of Health guidelines say LA should take… when considering if there has been deliberate deprivation or not

A

timing and motive into account.

47
Q

There is … on how long the LA can look back and does not have to ignore any transfers, and anything transferred more than … may refuse funding as deliberate deprivation. If funding is given in this time, LA can charge this as … to the person.

A

no time limit
six months previously
accrued debt

48
Q

These rules for Deliberate deprivation extend beyond… and can include any lifetime transfer whether chargeable or not.

A

PETs for IHT

49
Q

Since April 2001, the value of an individual’s home has been disregarded for … This allows for further assessment to see if any other actions or rehabilitation must take place.

A

12 weeks after the individual has been admitted to a home.

50
Q

Home does not count for … when assessing for non-residential care.

A

capital

51
Q

The family home is disregarded if any of the following occupy the home:

A
  • Spouse
  • Partner – someone who lived there as if married with claimant
  • Civil partner
  • Qualifying relative – someone aged over 60, under 60 but incapacitated, child under 16 or lone parent who is divorced or estranged from claimant
52
Q

If property is disregarded, then property is sold (e.g. downsizing) then the share of the proceeds that the care home resident receives may be

A

considered for means-testing

53
Q

Where property is jointly owned with someone who lives in the property but doesn’t fit into the categories, or someone who doesn’t live in the property,

A

claimants share may be included in assessment.

54
Q

For tenants in common, share control by LA ceases on

A

first death

55
Q

Deferred payments arrangements let LA’s make a … and the … rolls up, along with interest that the LA might add. Deducted off sale price when sold.

A

‘loan’ to claimants
loan

56
Q

In the updated 2003 CRAG, it was deemed as wrong to include … in the assessment, and any previous assessment may have needed a refund to the claimant.

A

investment bonds

57
Q

If deliberate deprivations found, LA can include the … value of the asset(s) (essentially the estimated value of the asset).

A

notional

58
Q

If asset is sold for less than market value, assessed as combination of … capital (sale price) and … value (rest of the market value).

A

actual
notional

59
Q

Where notional capital is included in an assessment, must apply

A

‘diminishing notional capital rules’. These diminish each week by the difference of the amount that the claimant would pay based on the notional capital being applied (potentially higher as may be over the threshold) and the amount if the notional capital was not applied (potentially lower as they may fall below the threshold).

60
Q

LA may still have duty to arrange care home accommodation in any circumstance under the guidance first issued in local authority circular (LAC) (98) where residents who have

A

more than the upper limit, but they are unable to arrange and no one else is willing.

61
Q

If the LA has to fully fund, they have recovery rights under … They can recover sums from whom the asset was transferred to, but only if the delib dep was done …

A

under section 21 of the Health and Social Services and Social Security Adjudications Act 1983.
within 6 months of applying for funding.

62
Q

Dilnot report

Key recommendations:

A
  • Threshold for which a person’s assets are tested should increase from £23,250 to £100,000
  • Upper limit on amount that a person should contribute should be introduced, somewhere between £25,000 and £50,000 - £35,000 being the most fair. Contributions above this threshold would stop and full state funding applied
  • This limit would apply to care costs only – not ‘hotel’ costs i.e. food and accommodation
  • People should be expected to contribute to these ‘hotel’ costs, somewhere between £7,000 and £10,000 per year
  • Eligibility criteria should be on a standard nationalised basis to avoid ‘postcode lottery’ for long-term care
  • Anyone who has entered adulthood needing care should be provided by the state as they have had no time to build up provision for insurance products etc.
63
Q

Since April 2015, set out in the … all LAs must offer a … for people who are entitled to funded care

Finances for care

A

Care Act 2014 (and amended further in the 2017 iteration of this act)
deferred payment scheme

64
Q

Why must LAs offer a deferred payment scheme

A

This is to stop the need for selling a property where people need to raise the funds.

65
Q

What are the 2 forms of deferred payment schemes

A
  • LA makes direct payments to the care home and defers any payment from claimant
  • Individual borrows the funds from LA in regular instalments
66
Q

The LA cannot refuse deferred payment schemes if the claimant is eligible and able to do either of these options. They may stop payments in the following circumstances:

A
  • Claimant’s total assets fall below the lower capital level
  • Individual no longer needs care
  • Individual breaches terms of the contract