Charging Policy for Non Residential Services
Introduction
This policy has been produced in accordance with the Department of Health Circular LAC (2001) 32 'Fairer Charging Policies for Home Care and other Non-Residential Social Services'. It does not apply to residential care services where charging is governed by the National Assistance Act 1948 Assessment of Resources Regulations 1992 with guidance provided by the Department of Health’s 'Charging for Residential Accommodation Guide' (CRAG). This policy takes account of the Race Relations Act 2000 and other associated legislation relating to Equality and Diversity. As part of Durham County Council, we are an Equal Opportunities organisation and, as such, is committed to eliminate discrimination and will seek to introduce positive measures to promote equality of opportunity. Our policies, practices and procedures will be guided by Corporate Policy and Strategy and be monitored and reviewed regularly to ensure they accord with the principles of equal opportunities, anti-discrimination and promoting diversity. In providing a service in the community, no individual shall be denied access to our services on the grounds of gender, marital status, race or ethnic origin, disability, religion, age, sexual orientation or political belief. This will include consideration of the eligibility for services. Provision and delivery of services shall be carried out in accordance with the corporate guidelines on Anti-discriminatory practice.Information to Service Users on Charging
Information will be provided to all service users required to pay charges explaining this charging policy. Separate information will be produced setting out appropriate rates of charging and allowances and this will be updated annually to reflect changes.Financial Assessment
A financial assessment (means test) will be undertaken for all service users who receive non-residential services other than Day Care and for Appliances and Adaptations.If a service user does not wish to, or refuses, to disclose financial information they will be required to pay the full cost of the service.
The financial assessment will be carried out by specialist financial assessment officers as soon as possible following the completion of the care assessment, usually be a personal visit, and a provisional indication of the charge will be notified immediately. This will be confirmed in writing as soon as possible following the completion of the financial assessment and any checks that may be necessary.
Service users will be advised that they can be accompanied by a relative, friend or other representative during the financial assessment and of the availability of the Representational Advocacy Service for those who wish to use the services of an Advocate.
We have established a joint visiting team with our staff and those from the Department for Works and Pensions, and the Local Pensions Service. Any information gathered will be used by both agencies.
A re-assessment will be carried out each year to re-calculate charges though if requested, savings/capital will be re-assessed at 6 monthly intervals.
Welfare Benefits
All Service Users who are subject to a financial assessment will be offered a welfare benefits check and where appropriate will be assisted in completing a claim for benefits to which they appear to be entitled.A financial re-assessment will be undertaken following the award of benefits to re-calculate the charges payable.
You can contact Welfare Rights for more information.
Date of Commencement of Charges
Charges will commence from the date of commencement of service but no charge will be backdated more than 4 weeks prior to being notified of the assessed charge. The exception being where a service user requests a delay in the visit.Where evidence of disability related expenditure results in a reduced charge the reduction will be backdated to the commencement of charges where the evidence is provided within 4 weeks of assessment and from the date it is provided if later.
Increased charges, due to the award of additional benefits, will be applied from 6 weeks following the date of award.
Calculating the Charge
The calculation to identify 'disposable or chargeable income' will be as follows:Assessable Income less Allowances/Disregards equals Chargeable Income
The actual charge will be the number of hours shown in the care plan multiplied by the standard charge, or the chargeable income, whichever is less. The number of carers required to provide the service at any one time will not affect the charge.
Income Taken into Account in the Assessment (Assessable Income)
The following income is taken into account:- All state benefits with the exception of DLA (Mobility) and Carers' Premium.
- All occupational pension income.
- Tariff income from capital and savings based on £1 per week for every £250 or part of £250 above the lower capital limit set out in the Department of Health’s 'Charging for Residential Accommodation Guide' (CRAG). This is currently £13,000. NB - the value of the Service Users’ home is not taken into account but any personal injury compensation payments will be included.
- Any other income other than earnings and interest from savings and investments.
Allowances/ Disregards
The following allowances will be made before charges are calculated on the remaining sum (if any).- For people under 60 years a sum equal to basic Income Support Personal Allowance plus premiums for age, level of disability or family status (but not Severe Disability Premium) plus 25%. This is the standard allowance.
- For people over 60 years a sum equal to the Pension Credit Guaranteed Credit (but not Severe Disability addition) plus 25%. This is the standard allowance.
- 50% of the Severe Disability premiums or the actual identified disability related expenditure, whichever is the greater for all home care services other than Independent Living/Group Living Schemes/Extra Care Housing.
- The Savings Credit Reward.
- Any housing costs such as mortgage and rent that is net of any housing benefit.
- Any council tax payable net of council tax benefit.
- The additional expenditure incurred as a result of a disability (Disability Related Expenditure) NB – appropriate evidence will be required to confirm expenditure and qualify for an allowance. Payments to family members will not be allowed as DRE unless for cultural or religious reasons. (N.B. This is a policy change).
- £10 per week of War Disability Pensions and War Widows Pension and all of War Widows Supplementary Pension.
- All earnings from paid employment.
Minimum and Maximum Charges
A minimum assessed contribution of £1.00 per week will be necessary for charges to be payable.The maximum contribution payable will be based on 75% of the current cost of residential care services, i.e. £9.87 per hour up to a maximum of £265 per week if you are receiving over 26 hours service per week.
Treatment of Couples
A service user who is part of a couple will be given a choice whether to be assessed as an individual or to be assessed as a couple (which will allow assistance with means tested benefits) or with agreement both will be carried out.The service user will pay the lesser of the 2 assessments
Intermediate Care
Charges will be waived for a period of up to 6 weeks where the specific eligibility criteria are met for intermediate care.Home Care and Respite Care
The weekly assessed charge for home care will be applied to situations where both home care and respite care occur within the same week.You can also find out more information about Home Care Services and Respite Care.
Day Care Services
The Charge for attending day care for all service users, with the exception of people below pension age suffering from a Mental Illness, will be a fixed daily rate to cover lunch and refreshments and a fixed daily rate for transport.Service Users who do not take lunch or refreshments (tea/coffee etc) or do not use transport provided or funded by the department will be exempt from these fixed rate charges.
Where Service Users use public transport and reclaim travelling expenses there will be a deduction equivalent to the fixed rate charge.
Setting the Rates for Charges
In order to reflect the different costs for services e.g. for weekends and bank holidays, the council will set notional rates for service to be applied to all Service Users i.e. home support at an hourly rate; day care for lunch and refreshments per day; Meals on Wheels per meal.These rates will be reviewed from time to time but at least annually.
Direct Payments
This charging policy will apply to service users who choose to receive a direct payment rather than services commissioned by ourselves. The service user contribution will normally be deducted from the direct payment.Section 117 of the Mental Health Act 1983
Services relating to mental health after care commissioned under section 117 of the Mental Health Act 1983 will be free from charges. Services relating to the physical needs of a service user will be subject to normal charges in accordance with this policyCharging Carers
This charging policy will be applied to services provided to carers including the requirement for a financial assessment where necessary. Find out more information about being a carer.Method of Payment
The preferred method of payment is by Direct Debit.Alternatively, you will receive an account every 4 weeks, which can be paid in any of the following ways:-
1. At the Post Office/Payzone using a swipe card that we will provide.
2. By returning the payment slip with a cheque to the address supplied.
3. By Debit or Credit card (details will be provided on the account)
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Fast Track Review/Complaints
All Service Users paying assessed charges will be offered a review upon request which will examine whether this charging policy has been applied correctly and whether there are any exceptional circumstances that justify discretion in reducing charges.The review will be carried out by one of our team managers within 3 weeks of the request and the outcome notified to the service user in writing.
Service users are advised of their right to access our Complaints Procedure and that an appropriate information is included with every care plan produced.
Performance Measurement
We are required to monitor our performance in implementing the charging policy and will develop and publish appropriate performance indicators.There is a specific requirement to include performance on the take up rate of benefits in our Best Value Performance Plan.
