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

The Council, from the 4th May 2021, will comply with the requirements of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) Regulations 2020.

If you meet the criteria as set out in the Regulations   and the Council is duly notified in accordance with the Regulations the Council will fulfil its requirement to allow breathing space in accordance with the Regulations. The Regulations, subject to meeting the criteria, require the Council to cease any debt recovery action for 60 days from the date of the request (standard breathing space) and cease any debt recovery for the period of treatment plus 30 days (Mental Health breathing space).

Any secured debt is excluded and any default on a Court ordered instalment payment plan is excluded if it occurs after the request for breathing space. The Council can ask, within 20 days of the start of the breathing space or 20 days of the debt being added to the breathing space, that the breathing space be reviewed if:

• the breathing space unfairly prejudices your interests;
• the debtor does not meet at least one of the eligibility criteria for a breathing space;
• any of the debts included in the breathing space do not qualify;
• the debtor has enough funds to repay their debts.

Note any continuing liability falling due during a breathing space must be paid; this includes any assessed weekly care charge; any instalment agreement for arrears or court ordered instalment payment.

Breathing space is not a payment holiday.