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‘Qualifying relative’
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For the purposes of the disregarding the value of a home in the financial assessment, a relative is defined as including any of the following:
parent (including an adoptive parent)
parent-in-law
son (including an adoptive son)
son-in-law
daughter (including an adoptive daughter)
daughter-in-law
step-parent
step-son
step-daughter
brother
sister
grandparent
grandchild
uncle
aunt
nephew
niece
the spouse, civil partner or unmarried partner of the above
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12-week disregard
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The local authority must disregard the value of a person’s main or only home for 12 weeks in the following circumstances:
(a) when they first enter a care home as a permanent resident
(b) when a property disregard other than the 12-week property disregard unexpectedly ends because the qualifying relative has died or moved into a care home
46) In addition, a local authority has discretion to choose to apply the disregard when there is a sudden and unexpected change in the person’s financial circumstances. In deciding whether to do so, the local authority will want to consider the individual circumstances of the case. Such circumstances might include a fall in share prices or an unanticipated debt
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Accessible Information Standard
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The Standard sets out a specific, consistent approach to identifying, recording, flagging, sharing and meeting the information and communication support needs of patients, service users, carers and parents with a disability, impairment or sensory loss.
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Appeal
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The process where a person or their representative disagrees with a decision and a request a reconsideration.
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Asset
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‘assets’ refers to capital such as savings and property or income, such as pensions or benefits. This is in line with the guidance,
which defines ‘assets’ as capital or income.
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Capital
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In the Care Act 2014, capital refers to the financial resources and assets that an individual owns. This includes savings, investments, property and other valuables,
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Capital limits
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The amount central government has decided someone will be eligible for financial support towards their care.
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Care Act 2014
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The Care Act 2014 is the law that sets out how adult social care in England should be provided. It requires local authorities to make sure that people who live in their areas:
- receive services that prevent their care needs from becoming more serious or delay the impact of their needs
- can get the information and advice they need to make good decisions about care and support
- have a range of high quality, appropriate services to choose from
- have more control over how their care and support is organised.
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Care and support assessment
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The assessment determines the kind of social care that would meet your care needs, whether this means adapting your home or moving into a care home.
A social care professional will usually come to see you to find out how you're managing everyday tasks.
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Care and Support Statutory Guidance
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The Care and Support Statutory Guidance sets out what the local authority must do to support adults with care and support needs. It also explains where the council has areas of discretion.
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Care Home
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Care homes provide accommodation and personal care, for example support with washing, dressing or moving around.
Some homes can provide nursing care as well as personal care because they employ registered nurses. The term care home does not include NHS hospitals, private hospitals and clinics.
Care homes are regulated by the Care Quality Commission (CQC) who is responsible for regulating care and support in England.
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Carer
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A carer is anyone, including children and adults who looks after a family member, partner or friend who needs help because of their illness, frailty, disability, a mental health problem or an addiction and cannot cope
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Continuing Healthcare (CHC)
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Some people with long-term complex health needs qualify for free health and social care arranged and funded solely by the NHS. This is known as NHS continuing healthcare.
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Court of protection
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The Mental Capacity Act (MCA) created a specialist Court to make decisions about the property, finances, health and welfare of people who lack mental capacity to make decisions for themselves. The Court can appoint a deputy to make ongoing decisions on behalf of someone who lacks capacity. It is also able to grant Lasting Power of Attorney (LPA).
https://www.gov.uk/courts-tribunals/court-of-protection
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Court-appointed deputy / Property and Affairs deputy / deputy
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A deputy is a person appointed by the Court of Protection to make decisions for people who lack mental capacity to make decisions for themselves.
Deputies have to be over 18 and cannot be appointed without their consent.
Panel deputy: The Office of the Public Guardian has a panel of professional deputies (mainly specialist solicitors) who may be appointed to deal with property and affairs matters in some circumstances, for example if they are complicated or in dispute.
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Creutzfeldt-Jakob Disease
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Creutzfeldt-Jakob disease (CJD) is a rare and fatal condition that affects the brain. It causes brain damage that worsens rapidly over time.
There's currently no cure for CJD, so treatment aims to relieve symptoms and make the affected person feel as comfortable as possible
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Deferred payments
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A deferred payment is when the council pays your care home fees, until you are ready to sell your home and use the money raised to pay back the council.
This lets you delay selling your home until you choose to, or until after your death.
It is designed to help you if the council has assessed that you can afford to pay the full cost of your care home fees, but most of your assets are tied up in your home.
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Department of Work and Pensions (DWP)
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The Department for Work and Pensions (DWP) is a ministerial department of the Government of the United Kingdom. It is responsible for welfare, pensions and child maintenance policy.
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Deprivation
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Deprivation of assets means where a person has intentionally decreased their overall assets to reduce the amount they are charged towards their care.
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Direct payment
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Direct payments allow you to receive payments from your local authority instead of care services. This can give you much more flexibility and greater control of your support package.
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Disability
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The Equality Act 2010 describes disability as follows, “A person (P) has a disability if — (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.”
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Disability benefits
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This refers to welfare benefits such as Personal Independence Payments, Disability Living Allowance and Attendance Allowance
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Disability Related Expenditure (DRE)
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Disability Related Expenditure means the additional costs that someone with a disability or long term health condition may incur as a result of their disability or condition. Although we usually check whether additional costs are covered in the care plan, DRE is not restricted to costs related to eligible needs. DRE includes any additional costs incurred as a result of a disability or ongoing condition.
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Discretion
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In the context of the Care Act 2014, discretion refers to the ability of local authorities to make decisions and take actions based on their professional judgement and individual circumstances, rather than strictly following predetermined rules.
This means that while the Care Act provides the framework and guidelines, local authorities have the flexibility to arrange policies and processes which best meet the unique need of individuals and situation.
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Disregard
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To not include
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DWP appointee
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The Department for Work and Pensions (DWP) can appoint the Council to receive benefit payments and pay living costs if the person cannot do this for themselves and has no family
or friends who can help.
If the Court appoints a property and affairs deputy for someone who already has a DWP appointee, the deputy usually takes over the appointee’s role.
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Eligible need
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The national eligibility criteria has three conditions for an adult, the conditions are:
- The adult’s needs arise from, or are related to, a physical or mental impairment or illness.
- As a result of the adult’s needs, the adult is unable to achieve two or more of the specified outcomes.
- As a consequence of being unable to achieve these outcomes there is, or there is likely to be, a significant impact on the adult’s wellbeing.
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Enduring Power of Attorney
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A power of attorney allows someone with capacity to appoint someone else to act or make decisions on their behalf if they cannot do so for themselves.
Only EPAs made and signed before 1 October 2007 can still be used
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Equalities Act 2010
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The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.
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Estate (in terms of after death)
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Everything owned by the person who died.
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Executor
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A person or institution appointed to carry out the terms of a will when someone dies.
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Financial assessment
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The financial assessments looks at the amount a person has in capital and income to complete a mean-test to see if a person is eligible for funding support from the local authority.
It is completed alongside, or after a care and support assessment.
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Funded Nursing Care (FNC)
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NHS-funded nursing care is when the NHS pays for the nursing care component of nursing home fees. The NHS pays a flat rate directly to the care home towards the cost of this nursing care.
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Gloucestershire Safeguarding Team
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The team within Gloucestershire who investigate and support people who may be subject to abusive behaviour, or self neglect.
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Human Rights Act 1998
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The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. The Human Rights Act came into force in the UK in October 2000.
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Income
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In the Care Act 2014, income refers to money an person receives regularly, such as pensions and benefits.
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Intermediate care
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Intermediate care
- helps people to avoid going into hospital or residential care unnecessarily
- helps people to be as independent as possible after a stay in hospital
- can be provided in different places (e.g. community hospital, residential home or in people’s own homes).
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Lasting Power of Attorney
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A power of attorney allows someone with capacity to appoint someone else to act or make decisions on their behalf if they cannot do so for themselves.
Lasting Power of Attorney (LPA):
There are 2 types of LPA:
- Health and Welfare
- Property and Financial affairs
Make, register or end a lasting power of attorney: Overview
GOV.UK (www.gov.uk)
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Light-touch financial assessment
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A light touch financial assessment is when the council choses to treat a person as if a financial assessment has been completed.
This is mostly when the council have evidence that a person has over the capital limit, and therefore would pay the full cost of their care, the care cost is small that the council believe the person would be able to afford it, or when the person has so little income and capital they would not be left with the minimum income guarantee.
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Means-test
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A measurement of how much income a person has in order to decide if they should receive financial support, and how much.
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Mental capacity
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Having mental capacity means having the ability to successfully make and communicate your own decisions.
People are presumed to have capacity to do so, unless there is reason to doubt this due to an impairment in the functioning of the mind or brain – the impairment might arise from a mental health condition, learning disability, brain injury or illness.
Where there is reason to doubt, a Mental Capacity Assessment (MCA) will be carried out relevant to the specific decision needing to be made at that time.
In order to be deemed to have capacity to make the specific decision required, you need to be able to understand the relevant information given, retain it long enough in order to use or weigh the information to reach your decision, and then be able to communicate your decision clearly – whether that be verbally or non-verbally.
Where the MCA concludes you lack capacity to make the required decision, a decision maker will make the required decision in your best interests.
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Mental Capacity Act (MCA) 2005
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The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.
It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
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Mental capacity assessment
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The assessment to establish capacity when it is in doubt. This tests if someone can understand, weight up and retain particular information.
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Notional capital
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Capital which the person may no longer have following a deprivation decision which is included in the financial assessment as if the person did still have it.
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Notional income
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Income which the person may no longer have following a deprivation decision which is included in the financial assessment as if the person did still have it.
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Office of Public Guardian (OPG)
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The OPG protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as about their health and finance.
Among other things, the OPG:
- keeps a public register of deputies and people who have been given a power of attorney
- supervises deputies appointed by the Court of protection and makes sure that they carry out their work as required by the Mental Capacity Act
- investigates and takes action of there are concerns about an attorney or deputy
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Personal budget
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Your personal budget is the sum of money needed to pay for your social care.
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Personal Expense Allowance (PEA)
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This is an amount disregarded from your income. It's meant to allow you to keep money to spend as you want on items like stationery, toiletries, small presents for friends and relatives, and other minor items.
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Property disregard
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When the value of a property is not included in the financial assessment for either a mandatory disregard, or discretionary one.
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Reablement
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Reablement is a type of care that helps a person relearn how to do daily activities, like cooking meals and washing after returning home from hospital.
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S117 aftercare
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Some people who have been kept in hospital under the Mental Health Act can get free help and support after they leave hospital. The law that gives this right is section 117 of the Mental Health Act, and it is often referred to as 'section 117 aftercare'.
Aftercare is the help someone will get in the community after they leave hospital. This can cover all kinds of things like healthcare, social care and supported accommodation.
Section 117 of the Mental Health Act says that aftercare services are services which are intended to:
- meet a need that arises from or relates to your mental health problem, and
- reduce the risk of your mental condition getting worse, and you having to go back to hospital
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Self-funding
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Someone who has over the upper capital limit and will pay the full cost of their care, without any financial support from the local authority.
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Shares lives scheme
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Shared Lives Schemes are an alternative to care in a care home or other more formal care arrangements. Schemes offer people who need care the opportunity to live in a family environment rather than a formal care setting. Schemes are regulated by the Care Quality Commission (CQC) who are responsible for regulating care and support in England.
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Supporting living
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Supported living accommodation is 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). The personal care elements of services delivered in supported living accommodation are regulated by the Care Quality Commission (CQC)
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Tariff income
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Those with capital between the lower and upper capital limit will be deemed as able to make a contribution, known as ‘tariff income
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the Care and Support (Charging and Assessment of Resources) regulations
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Under the Care Act 2014, these regulations outline how local authorities in England can charge people for their care and support services.
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The Minimum Income Guarantee
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The charging arrangements are so when a person is receiving care in their own home, and in any other accommodation setting such as in extra care housing, supported living accommodation or shared lives arrangements, local authorities will ensure that a person has enough money to meet basic day-to-day living expenses and any household expenses (such as council tax, mortgage and rent).
This is achieved by making sure that after charging, a person will be left with a minimum income guarantee amount (MIG). The Care and Support (Charging and Assessment of Resources) Regulations 2014 provide information about the minimum income guarantee amount. Every year the Department for Health and Social Care (DHSC) publishes the MIG amounts for the current financial year
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Top up
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A Top Up payment is the additional money needed to be paid by a 3rd party to meet the difference between the amount that the council will pay and the money the service provider requires for the placement.
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UK GDPR
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The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (UK GDPR).
Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
- used fairly, lawfully and transparently
- used for specified, explicit purposes
- used in a way that is adequate, relevant and limited to only what is necessary
- accurate and, where necessary, kept up to date
- kept for no longer than is necessary
- handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
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Waiver
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A request to not pay a charge which is due a person if experiencing a period of significant hardship.
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