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
  • 6.1 Capital
  • 6.2 How is a financial assessment carried out?
  • 6.3 Deprivation of assets
  • 6.4 Delays to the financial assessment process
  • 6.5 Financial assessment reviews
  • 6.6 Change in circumstance and use of financial information
  • 6.7 Debt recovery
  • 6.8 Debt Management and Relief
  • 6.9 Financial assessment and charging for care home accommodation
  • 6.10 Financial assessment and charging for non-residential care and support
  • 6.11 Annual Review
  • 6.12 How to pay your charges for care and support
• 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
• 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

6.7 Debt recovery

If you are unable to pay your charge for care and support when they are due, either in full or in part, you must tell us as soon as possible so that we can discuss this with you and attempt to find a resolution.

You will be sent two reminders the first will be sent 28 days after the initial invoice and the second will be sent 42 days after the initial invoice.

If your care and support charges remain unpaid and there is no good reason why you (or your financial representative) are unable to pay your charge, the Council will start debt recovery action35 .

The Council may consider allowing payment of the debt by instalments, we will require the full debt to be repaid within a short period depending on your financial circumstances and you will be asked to sign an undertaking confirming the terms of any agreement reached.

If your care and support charges remain unpaid despite the Councils reasonable attempts to recover the debt, we will consider making an application to the County Court to issue a claim to seek a judgment against you, if we do this you could also be liable to pay the Councils legal costs and interest on the debt at a rate agreed by the Judge.

• 35Care and Support Statutory Guidance – Annex D: Recovery of Debts.