The Royal Borough of Windsor and Maidenhead. Consultation Pack and Feedback Form

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1 The Royal Borough of Windsor and Maidenhead Adult Social Care Charging Policy Proposals Consultation Pack and Feedback Form From Monday 22 February to 11.59pm Monday 11 April 2016

2 The Council would like to know your thoughts on our proposals regarding changes in the way we charge for adult social care services. We want to hear from you on the two proposals that have been put forward. These proposals may or may not affect you directly. We want to hear from people with care and support needs whether they are eligible for support from the Council or not. We also want to hear from families and carers of people with care and support needs and also from those who don t use adult social care services at the moment. We are asking you about proposals to change policies relating to the two areas below: How the Higher Rate of Disability Living Allowance (Care Component) and of Attendance Allowance is treated within the financial assessment process. Residential Respite charges Where can I find a consultation pack? There are three ways to get a hard copy of the consultation pack, including a feedback form: 1. Download and print a full pack here: and return the feedback form to: Charging Consultation, Adult Services, York House, Sheet Street, Windsor, SL4 1DD 2. Call the Advice and Information Team on or access.services@rbwm.gov.uk to request a copy, or 3. Pick up a copy from one of the locations listed below or an Royal Borough library: Adult Services CTPLD CMHT Town Hall York House 3 Abell Gardens 4 th Floor Nicholson House St Ives Road Sheet Street Furze Platt Road Nicholson s Walk Maidenhead Windsor Maidenhead Maidenhead SL6 1RF SL4 1DD SL6 6PS SL6 1LD For information in a different format or if you have any questions about the consultation, please contact the Advice and Information Team on or access.services@rbwm.gov.uk 2

3 How to share your views about our proposals You can share your views in one of three ways: 1 Complete the feedback form online at 2 By post, detaching and returning the feedback form in this pack to: Charging Consultation Adult Social Services York House Sheet Street Windsor SL4 1DD 3 Contact Healthwatch for support with sharing your views by calling: Healthwatch is an independent organisation that helps local people have a voice about health and social care services. There are also a number of events taking place between March and April 2016 where you can attend to hear more about the proposals and express your views. Additionally we would be pleased to come and explain the proposals with small groups. For details of these events or to make arrangements for us to visit your group, please contact the Advice and Information Team on or access.services@rbwm.gov.uk as soon as possible. Please return your feedback form to be received by us by 11.59pm Monday 11 April. What will you do with my feedback? We will use the consultation responses to help decide if the initial proposals should go ahead and whether we need to change any of our plans. We really value your comments and they will help us to plan and improve services in the future. What you say will not affect any services you already receive. How to complete the feedback form For each proposal we would like to know whether you agree with it and ask you for any further comments. Please answer as many questions as you can and be honest. If you would prefer not to answer some of the questions then please go on to the next question. If there is not enough space in the comments boxes provided please continue on a separate piece of paper. 1-1 support If you would like information and support to look at how you might be affected by these changes please contact the Financial Assessment Team who will be able to offer you individual assessment advice on or financialassessmentandbenefits@rbwm.gov.uk 3

4 Proposal 1: Higher Rate of Disability Living Allowance & Attendance Allowance Background information New Care Act Guidance Residents who have eligible needs for adult social care services are financially assessed to determine how much they can afford to contribute towards the cost of their care package. The Care Act 2014 sets out rules and guidelines in respect of this assessment. A financial assessment takes into account most benefits people may receive from the Department for Work and Pensions (DWP). Guidance issued in respect of the Care Act has changed the way councils may take account of higher rate disability benefit payments in their financial assessments. These changes impact on those in receipt of the higher rate of Disability Living Allowance (DLA) Care Component or Attendance Allowance (AA). Generally the former is paid to those under 65 and the latter to those over 65. Transfer from DLA to Personal Independence Payments (PIP) DLA is being phased out by the DWP in favour of PIP. Though there are many similarities between these two allowances. When people transfer from DLA to PIP the Council must consider how this will impact on their financial assessment and therefore on how much they will be asked to contribute towards their care. Councils are advised that they should also try to ensure that an existing service user moving from receiving DLA to receiving a PIP is not made worse off as a result of the charging process where the level of DWP support has not changed. What happens now? For a person who does not receive care during the night, the financial assessment disregards the difference between the higher rate and the middle rate of DLA (care), and the difference between the higher rate and lower rate of AA, from their assessable income. This means that this amount, which is currently per week, is not taken in to consideration when assessing their weekly income. For a person who receives night time care services from the Council and are receiving higher rate DLA (Care) or AA, the full amount of these benefits is already taken into account. Our proposals for your comments: The Council is proposing to include the full amount of Higher Rate DLA (care) and AA within assessable income for all people who receive these benefits when determining how much a person can afford to contribute towards the cost of their care. At the same time the Council proposes to consider the cost of care required during the night as well as during the day when determining how much disability related expenditure (DRE) to allow within that financial assessment. 4

5 There are currently approximately 160 people supported by the Council who receive AA and 124 who receive DLA, that is 284 people in total who receive the higher rate of benefit. These people receive the disregard and therefore may be required to contribute more towards the cost of their care. Please note that the mobility component of DLA will continue to be disregarded from the financial assessment and is therefore unaffected by this proposed change. Illustrative example 1: Increase in charge Mr A is 80 years old, and lives in own home. He receives a package of social care for day time care needs of 90 per week. He does not have any night time care needs. Mr A - current assessment Mr A - proposed assessment Income Income Attendance Allowance less Attendance Allowance State Pension State Pension Private Pension Private Pension Total Income Total Income Allowable Expenditure Allowable Expenditure Personal Allowance Personal Allowance Disability Related expenditure Disability Related expenditure Council Tax Council Tax Total Allowable Expenditure Total Allowable Expenditure Maximum Assessed contribution (income minus expenditure) Maximum Assessed contribution (income minus expenditure) Cost of Care Cost of Care Actual Charge Actual Charge Council Contribution Council Contribution nil 5

6 Illustrative example 2: No increase in charge Ms B is 30 years old, and lives in Supported Living. She receives care and support during the day and night. The cost of her social care is 500 per week Ms B - current assessment Ms B - proposed assessment Income Income Disability Living Allowance Care Component Disability Allowance Mobility Component is ignored Disability Living Allowance Care Component Disability Allowance Mobility component is ignored Employment Support Allowance Employment Support Allowance Total Income Total Income Allowable Expenditure Allowable Expenditure Personal Allowance Personal Allowance Disability Related expenditure Disability Related expenditure Council Tax 2.00 Council Tax 2.00 Total Allowable Expenditure Total Allowable Expenditure Maximum Assessed contribution (income minus expenditure) Maximum Assessed contribution (income minus expenditure) Cost of Care Cost of Care Actual Charge Actual Charge Council Contribution Council Contribution Why are we proposing this? This proposed policy will encompass Care Act Guidance (See Care & Support Statutory Guidance Annex C Para 37& 38.) which states Where disability-related benefits are taken into account, the local authority should make an assessment and allow the person to keep enough benefit to pay for necessary disability related expenditure to meet any needs which are not being met by the local authority. In assessing disability-related expenditure, local authorities should include day or night care which is not being arranged by the local authority.; All of a PIP benefit is included in the financial assessment. By including the full AA & DLA this will ensure consistency of treatment, and therefore that people are treated equally. The proposed treatment of DLA night benefit will ensure that those transferring to from higher rate DLA to higher rate PIP will not experience a change in their financial circumstances. People will be contributing what they can afford towards the cost of their care. 6

7 Further information: Care Act Statutory Guidance file/366104/43380_ _care_act_book.pdf Care Act Statutory Guidance 2014 (Easy Read) Making_Sure_the_Care_Act_Works_EASY_READ.pdf Proposal 2: Residential Respite charges Background information Respite care, sometimes called a short break service, is a service that enables the person with care and support needs and the carers to take break. The break can be for a few hours, an overnight stay or several days. This proposal relates to respite provided in a residential care setting. The care service is provided directly to the person that is cared for following an assessment of need. The cared-for person needs to meet the national eligibility criteria for care and support services and a contribution will apply if the cared-for person s financial assessment has determined this. The current residential respite charge of 469 week was set in April 2012 when the charging methodology changed due to the introduction of personal budgets. This rate was linked to the block bed contracts the Council had at that time. This rate has remained at 469 per week to enable the new charging methodology to settle in. Over the last 3 years the cost of care has increased and many residential respite placements do not use block beds. The actual cost of purchasing one week residential respite in the market is now 669 per week on average. Therefore the council provides a subsidy of approximately 200 per week to recipients of this service. It is proposed to reset the charge for this care and link it to an annual review so that this charge varies with the actual cost of purchasing this care. The charge is only made following a financial assessment, so only those assessed as being able to afford to pay this full rate will be charged the full rate. The financial assessment sets a maximum weekly sum a person can afford to contribute towards their care. A person will be charged the lower of the full rate and their maximum weekly assessed charge. What happens now? For people assessed as needing residential respite and who meet the national eligibility criteria their financial assessment will establish the amount they can afford to pay towards the costs of their care based on their income and expenditure. Where people are eligible for financial assistance from the Council (with savings of less that 23,250) four weeks of respite would be charged at 4 x 469 = 1876 per annum, this is paid for at the rate of 36 per week over the year. 7

8 Our proposals for your comments: The Council is proposing to remove the subsidy from the residential respite charge so those people who can afford to pay the full cost of the service, following a financial assessment, will be required to pay the full cost of the service. The current cost is 469 per week and the proposed cost would be 669 per week in line with market rates. Illustrative example 1: Mrs C is 75 years old, and lives in her own home. She requires residential respite care for 4 weeks per year. Mrs C - financial assessment Income Attendance Allowance State Pension Private Pension Total Income Allowable Expenditure Personal Allowance Disability Related expenditure Council Tax Total Allowable Expenditure Maximum Assessed contribution (income minus expenditure) 1. CURRENT POSITION: Current Charge Rate 469 per week for respite care. Annual Charge 1,876 for 4 weeks respite care. Charge spread over the year = per week (52 weeks x = 1,876) Mrs C will pay the lower of the weekly charge and her Maximum assessed contribution The lower sum is In summary, over the year, Cost of Care = 2,676. Mrs C s contribution is 1,876. Council contribution is PROPOSED POSITION Proposed Charge Rate 669 per week for respite care. Proposed Annual Charge 2,676 for 4 weeks respite care. Charge spread over the year = per week. (52 weeks x = 2,676) Mrs C will pay the lower of the weekly charge and her Maximum assessed contribution The lower sum is In summary, over the year, Cost of Care = 2,676. Mrs C s contribution is 2,397. Council contribution is 279 Therefore the impact on Mrs of the increase in the charge rate will be an increase in her contribution by per week, equivalent to 521 over the year. 8

9 Illustrative example 2: Mr D is 90 years old, and lives in his own home. He requires residential respite care for 4 weeks a year and weekly social care of 100 per week. Mr D - financial assessment Income Attendance Allowance State Pension Private Pension Total Income Allowable Expenditure Personal Allowance Disability Related expenditure Council Tax Total Allowable Expenditure Maximum Assessed contribution (income minus expenditure) 1. CURRENT POSITION: Current Charge Rate 469 per week for respite care. Plus 100 per week for homecare. Annual Charge 1,876 for 4 weeks respite care, plus 100 x 52 weeks, = 7,076. Charge spread over the year = 136/week. 52 weeks x = 7,076. Mr D will pay the lower of the weekly charge 136 and his Maximum assessed contribution The lower sum is In summary, over the year, Cost of Care = 7,876. Mr D s contribution is 4,997. Council contribution is 2, PROPOSED POSITION: Proposed Charge Rate 669 per week. Proposed Annual Charge 2,676 for 4 weeks respite care x 52 weeks, = 7,876. Charge spread over the year = per week. 52 weeks x = 7,876 Mr D will pay the lower of the weekly charge and his Maximum assessed contribution The lower sum is In summary, over the year, Cost of Care = 7,876. Mr D s contribution is 4,997. Council contribution is 2,879. Therefore there will no impact on Mr D from the increase in the charge rate. 9

10 Illustrative example 3: Miss E is 75 years old, and lives in her own home. She requires residential respite care for 4 weeks a year. She has savings of more than 23,250 so she is not eligible for assistance with funding the cost of her social care. Currently she is charged 469 for each week of her residential respite. Under the proposal she will be charged at 669 for each week she receives residential respite. Why are we proposing this? The charge for residential respite has remained the same for nearly 4 years at 469 per week. The actual cost incurred by the Council has is 669 per week and therefore a subsidised service is provided to those who can afford to pay the full cost of the service. We are proposing to remove the subsidy and bring the charge into line with the actual cost to the Council of providing this service. 10

11 Feedback Form Proposal 1: Higher rate Disability Living Allowance and Attendance Allowance We propose that, when assessing how much a person can afford to pay towards the cost of their care, as provided by the council, the higher rate Attendance Allowance and Disability Living Allowance is included in the calculation of their resources where a person is in receipt of this benefit. Do you agree with proposal 1? Yes No I don t know If the proposal is agreed should those affected by the changes be subject to a transition period to allow any impact to be phased in over time? Yes No I don t know If Yes, what period of time would be reasonable? 3 months 6 months 12 months Over 12 months Please add further comments/suggestions about proposal 1: 11

12 Proposal 2: Residential Respite charging Our proposal is that, based on people s ability to pay, the Council removes the current residential respite subsidy, and therefore to charge the full cost of the service to those who afford to pay. This will be subject to a financial assessment. Current Rate 469/week. Proposed rate 669/week. Do you agree with proposal 2? Yes No I don t know What impact would this proposal have on you and/or your caring role? None Little Moderate Significant If the proposal is agreed, should those affected by the changes be subject to a transition period to allow any impact to be phased in over time? Yes No I don t know If Yes, what period of time would be reasonable? 12 months 24 months 36 months Over 36 months Please add further comments /suggestions about proposal 2: 12

13 Equalities questions Monitoring Information 1. What is your gender? Male Female Prefer not to say 2. What is your age? Under 18 Years What is your ethnicity? Black or Black British African Black or Black British Caribbean Black or Black British Other White - British White Irish White Other Asian or Asian British Bangladeshi Asian or Asian British Pakistani Mixed - White and Black African Asian or Asian British Indian Asian or Asian British Other Mixed - White and Black Caribbean Mixed - White and Asian Mixed Other Chinese or Chinese British Other 4. Are you any of the following? Please tick all boxes that apply: Service user Carer 13

14 Provider Care worker RBWM staff member Other (please state ) 5. Which care group do you represent? Please tick all boxes that apply: Older people Physical disability Learning disability Mental health Autism/ Aspergers syndrome Carers Other (please state) 6. Which ward do you live in? Ascot and Bisham and Belmont Cheapside Cookham Boyn Hill Bray Castle Without Clewer East Clewer North Clewer South Cox Green Datchet Eton and Castle Eton Wick Horton and Furze Platt Wraysbury Hurley and Maidenhead Oldfield Walthams Riverside Old Windsor Park Pinkneys Green Sunningdale I live in RBWM, Sunninghill and but don t know the South Ascot ward I don t live in I don t live in I don t live in RBWM, but live in RBWM, but live in RBWM Berkshire South Bucks Please return this feedback form to: Charging Consultation, Adult Social Services, York House, Sheet Street, Windsor, SL4 1DD Thank you for your feedback. 14

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