APPENDIX 1
 
                                                                                   

 

 

 

 

Text Box: ISLE OF WIGHT COUNCIL CHARGING POLICY FOR NON-RESIDENTIAL CARE SERVICES  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


APRIL  2003

 

ISLE OF WIGHT COUNCIL

 

DIRECTORATE OF SOCIAL SERVICES & HOUSING

 

CHARGING FOR NON-RESIDENTIAL CARE SERVICES

 

POLICY

 

 

AUTHORITY / ETHOS

 

1.    Section 17 of the Health and Social Services and Social Security Adjudications Act 1983 gives local authorities a discretionary power to charge adult recipients of non-residential services.

 

2.    The Isle of Wight Council will make a charge for some of its non-residential services and will spend all of the income raised from charges on providing more care for people. If the Council did not charge, it would not be possible to help everyone who needs support.

 

3.    This policy meets the statutory guidance, issued by the Department of Health under Section 7 of the Local Authority Social Services Act 1970 and contained in Local Authority Circular LAC (2001) 32 dated November 2001. This guidance is commonly referred to as “Fairer Charging”.

 

SERVICES COVERED BY THIS POLICY

 

4.             

·        Home Care

·        Day Care

·        Community Alarm (Lifeline)

·        Meals on Wheels

·        Community Laundry

·        Minor Adaptations

 

WHO MAY BE CHARGED

 

5.    The Council will only assess the service user, but where an assessed charge for an individual would reduce the income of a couple or household below basic levels of Income Support + 25% buffer, then an assessment will be applied on the basis of the household as a whole. The overall principle to be applied is one where a “better off” assessment is calculated in the favour of the service user.

 

6.    Carers may only be charged for services provided to them under the Carers and Disabled Childrens Act 2000.

 

WHO MAY NOT BE CHARGED

 

7.    The Council will not charge for providing advice about the availability of services or for assessments, including the assessment of community care needs.

 

8.    Service users receiving After-Care services provided under Section 117 of the Mental Health Act 1983 may not be charged, together with users suffering from any form of Creuzfeldt Jacobs Disease (CJD).

 

9.    The Council cannot decide that a carer is the service recipient and be charged purely on the grounds that a user is exempt from charges or has less income than a carer.

 

10.     Services provided in respect of a child will not be charged for, except on behalf of another Local Authority.

 

11.     No charge will be made to users who receive short term, intermediate care services which are aimed at helping the user leave hospital early, or avoid the need to go into hospital. Charges will apply if the service continues beyond a period of 6 weeks.

 

DISCRETION TO REDUCE OR WAIVE A CHARGE

 

12.     Discretion to reduce or waive a charge may be exercised by the Head of Operations in the following circumstances:

 

·        The service was provided as an emergency, once only service;

·        It was provided in lieu of a normal service provided the Council which has temporarily ceased;

·        Where the refusal to accept home care support on financial grounds would place the individual or their carer at severe risk as the Council has an overriding   duty of care.

 

PEOPLE WHO REFUSE TO PAY

 

13.     The assessment of care needs is very different to the assessment of charges and a service must not be withdrawn because the user refuses to pay the charge. The Council should continue to provide the service, while pursuing the debt, if necessary through the Civil Courts. If a user refuses to provide information for a charge assessment it may be reasonable to require payment of a full charge.

 

INFORMATION CONCERNING CHARGES

 

14.     The Council will make sure that clear information about charges and how they are assessed is readily available for users and carers.

 

15.     Written information on the actual charge assessed as payable will normally be given to users before sending a first bill.

 

GENERAL

 

16.     The Council will offer a benefits advice service to users who are in receipt of a service, for which an assessed charge is made, at the time of financial assessment. The service will include advice about entitlement, help with completion of benefit claims, and follow up action if the user wishes.

 

17.     The Council will make sure that every user who is receiving an assessed charge is offered an opportunity to have their charge re-assessed on at least an annual basis.

 

APPEALS

 

18.     Any user who considers that he / she cannot afford to pay the assessed charge has the right to ask for a review of that charge.

 

19.     The Head of Operations will review the charge on the basis of whether the charging policy has been applied properly, and whether there are any particular circumstances that justify special discretion being exercised.

 

20.     In the event that the user considers the charges to have been assessed unfairly following a review, the user will be informed that he / she can make a formal complaint.

 

CHARGING PROCEDURE

 

21.     Home Care

 

·        A charge will be made, based on the information provided by the user on a Financial Statement form, and assessed in accordance with Fairer Charging guidelines.

 

·        The resulting disposable income and hours of care received will determine the charge to be made.

 

·        Users with capital in excess of the threshold level set out in the Charging for Residential Accommodation Guide (CRAG) will pay the full cost of the service provided.

 

·        The maximum charge that any user can pay will not exceed the Council’s cost of providing the service and will be limited to an amount that does not exceed 50% of the cost of typical residential care charges.

 

22.  Day Care

 

·        No charge will be made for providing a day care service.

 

·        Flat rate, non-assessed, charges will be made for services that the Council provides whilst the user receives a day care service. These can be considered as justifiable because the charge substitutes for ordinary living costs eg meals and bathing.

 

23.     Community Alarm (Lifeline)

 

·        A charge will be made to users of the Community Alarm (Lifeline) service.

 

·        Those users who are assessed as needing the Community Alarm (Lifeline) service, and meet the criteria for financial support (ie live alone, vulnerable, at risk etc), will have their charge assessed in accordance with Fairer Charging guidance.

 

 

24.  Meals on Wheels

 

·        A flat rate, non-assessed charge will be made as this substitutes for ordinary living costs that the user would otherwise be expected to pay.

 

25.  Community Laundry

 

·        No charge will be made for this service.

 

26.     Minor Adaptations following an O.T. Assessment

 

·        No charge will be made for this service.