Draft Charging Policy for Social Care Services

Introduction

This document sets out the policy for charging persons who are eligible to receive care and support services, support to adult carers, or those who receive certain preventative services (referred to as ‘person(s)’ within this policy), which are provided or commissioned by Carmarthenshire County Council (referred to as ‘Carmarthenshire’).

2. Legal Background

The Social Services and Well-being (Wales) Act 2014 (‘the Act’) together with Regulations and codes of practice came in to force on the 6th of April 2016.

Part 4 (Direct payments and choice of accommodation) and Part 5 (Charging and Financial Assessments) of the Act relate to charging for services.

Part 5 of the Act (Charging and Financial Assessments) provides the legal framework for charging for Care and Support services and this part of the Act is supported by regulations and a code of practice. This legislation covers charging for all types of care including the provision of care and support and/or Direct Payments to a person in their own home and/or in a care home. It also covers charges for support to carers. In addition, further technical issues are covered including choice of accommodation and debt recovery.

Charging for services is set out in Social Services and Well-being (Wales) Act 2014, the regulations and code of practice made under the Act which are amended from time to time, and these will be referred to as ‘legislation’ throughout this policy.

3. Operating Guidelines

Carmarthenshire will apply the legislation as set out by the Welsh Government together with amendments and revisions as announced from time to time.

Where Carmarthenshire has discretion on the application of certain aspects of the legislation, then this document sets out how these will be applied.

The overarching principle is that people who are asked to pay a charge will only be required to pay what they can afford.

Carmarthenshire will charge for all services set out in this policy and periodically review the services it charges for.

Where a charge is levied, then Carmarthenshire will collect these charges in accordance with the legislation to ensure fairness and equity for all to ensure that services are not unfairly subsidised by the public purse.

Operational rules for commencing or terminating packages of care are outlined in “Appendix 1”. The rules for varying charges to the person with care and support needs are also defined.

4. Setting of Charges for services

Carmarthenshire will normally review its charges and the fees it pays providers annually as part of the budget setting process, but may review them more often, where appropriate or necessary. Please refer to the current charges in Carmarthenshire’s Charging Digest.

5. Maximum weekly charge

In charging for non-residential services Carmarthenshire will apply the maximum weekly charge (known as the ‘Cap’) as announced by the Welsh Government. The maximum charge will apply to those services a person is assessed to receive. The maximum charge (Cap) will exclude those services that are charged as a flat rate or considered as ordinary living costs and these charges will be levied as an additional charge.

For care home placements the maximum weekly charge will be the full cost of the placement.