Care and Support Charging and Financial Assessment Framework

Contents

• 1. Summary
• 2. Legal context
• 3. Principles of this framework
• 4. Care and support services provided free of charge
• 5. Chargeable care and support services
• 6. Care and support financial assessment policy
• 7. Section 117 and social care packages of care
• 8. Mental capacity to manage finances
• 9. Residence when moving to accommodation outside Bath and North East Somerset Council
• 10. Deferred Payment Agreements (DPAs)
• 11. Interim funding policy
  • 11.1 Eligibility criteria
  • 11.2 The application process
  • 11.3 Review of funding and six-monthly statements
  • 11.4 Making an application for a Deferred Payment Agreement (DPA)
  • 11.5 Default provisions
• 12. Choice of accommodation and top up payments
• 13. Funding agreement
• 14. Direct Payments
• 15. Equality Impact Assessment
• 16. Reviewing the Charging and Financial Assessment Framework
• 17. Appeals
• 18. Annex A
• 19. Annex B
• 20. Annex C
• 21. Annex D
• 22. Annex E
• 23. Glossary of terms

11.5 Default provisions

If we discover that the Court of Protection has approved the appointment of a deputy and the deputy has not contacted us to let us know, we may decide to terminate the interim funding immediately and seek recovery of the debt (including interest and any administrative costs).

If your financial representative does not settle the amounts it is agreed they can access, for example state benefits in the role of appointee, without good reason, we may consider ending the interim funding.

If your financial representative fails to take the required steps to register your property, if the property is not registered with the Land Registry, we may consider ending the interim funding.

In the event the equity available is no longer sufficient to fund your care, we will stop accruing your ongoing care home costs and reassess your financial charge due. We will attempt to negotiate with your care home a rate that we would usually expect to pay to meet your needs. See Choice of Accommodation and Additional Payments Policy for further information. Interest and any administration charges will continue to be applied to your accrued debt.

When your financial representative has been granted legal authority to act for you, if they are not able to settle the accrued debt in full, they will need to agree to a legal charge against your property (on your behalf) under a Deferred Payment Agreement (DPA).