Definitions

3. Definitions

• Care costs – costs charged to an individual by a care home provider including any top-ups This includes the costs associated with the provision of supported accommodation
  
  
• Care home – a provider of accommodation which also provides personal or nursing care registered under the Health and Social Care Act 2008
  
  
• Deferred – the delaying of payment of care costs and any associated interest and administrative fees and charges until a later date
  
  
• Deferred amount – the total of all care costs, all administrative charges and interest which the council agrees to defer under a deferred payment agreement
  
  
• Legal mortgage by way of a first legal charge - in the context of this policy, this means the deferred payment agreement itself. The deferred amount is secured as a first mortgage over the adult’s main or only home
  
  
• MCA - Mental Capacity Act 2005 
  
  
• Property disregard – situations when the value of the adult’s only or main home is disregarded for the purposes of financial assessment 
  
  
• Representative – someone who is legally authorised to represent the adult i.e.

-    a deputy appointed by the Court of Protection to act on behalf of an adult assessed as lacking capacity, or 

-    the donee (holder) of an Enduring or Lasting Power of Attorney given to them by the adult before they lost capacity

• Supported living accommodation – accommodation other than in a care home
  
  -    in premises which are specifically designed or adapted for occupation by adults with needs for care and support to enable them to live as independently as possible, or
  
  -    which is provided in premises intended for occupation by adults with needs for care and support where personal care is available if required (but not premises which the adult owns or occupies other than as a tenant or licensee)
  
  
• Top ups
  
  -     The council must provide accommodation at the adults preferred care home  unless the provider of the accommodation does not agree to provide the accommodation to the adult on the local authority’s terms and there is a care home that has a place and does agree to do so. A third party can pay the difference between the local authority’s terms and the adults preferred care home charges. This is a top-up fee 
  
  -    A third party can pay for additional or premium services that the council does not consider are necessary to meet the adults care needs. This is also a top up fee