Agenda item

Implementation of the Care Act 2014 - Adult Social Care Deferred Payments Policy

Minutes:

The Chairman welcomed Gary Johnson, Customer Finance Manager to the meeting.

 

Mathew Kendall, the Adults and Communities Director introduced the report which set out the Council’s policy for a new universal deferred payments scheme to take effect from the 1st of April 2015.

 

The Adults and Communities Director informed the Committee that by virtue of the Care Act 2014 all councils in England will be required to offer a deferred payment scheme to people who are assessed as needing residential/ nursing care and their main home has been taken into account when financially assessing a contribution.

 

Councillor Reuben Thompstone referred to paragraph 1.2 of the report (p.25) and noted that for clarity a comma should be inserted following the wording ‘a spouse or partner’ to read:

 

For some people who are assessed as needing care and move into residential/nursing care and own their home there is an automatic disregard of the value of the property where, for example, it is occupied by a spouse or partner, or a close relative who has a disability. This will continue under universal deferred payments.

 

Mr Johnson briefed the Committee about the interest and administrative charges and noted that the interest rate charged by the Council from 1 April 2015 will be reviewed on a quarterly basis to reflect any change in the Council’s borrowing requirements and interest rates.

 

The Committee requested that Officers provide Members with a summary on Universal Deferred Payments Scheme in relation to The Care Act 2014 illustrating the discretionary and non-discretionary elements of the scheme.

 

 

The Chairman MOVED to the vote on the Recommendations as set out in the report.

 

Votes were recorded as follows:

 

In Favour

9

Against

0

Abstentions

0

 

RESOLVED that:

 

1.    That the Adults and Safeguarding Committee approve the adoption of a new universal deferred payments scheme as set out in this report with effect from 1 April 2015. This scheme will meet statutory guidance and the legislative requirements of the Care Act 2014.

 

2. The Adults and Safeguarding Committee approve the recommendations on the amounts that can be deferred. The recommendations as set out in paragraphs 2.4 to 2.5 of this report:

 

2 (a) That approval is given that under Barnet Council’s universal deferred payments scheme the amounts that can be deferred will generally be the actual rate the person pays the residential/nursing care provider.

 

2 (b) That approval is given that the rate to be deferred will be regularly reviewed under the guidance and procedures.

 

3. The Adults and Safeguarding Committee approve the recommendations on interest and administrative charges for deferred payments. The recommendations as set out in paragraphs 2.9 to 2.11 of this report:

 

3 (a) That approval is given that the interest rate is set at the rate it costs the Council and/or at the rate as set by the Department of Health, whichever is the lower amount.

 

3 (b) That approval is given that the actual costs incurred in arranging and maintaining the deferred payment will be charged.

 

3 (c) That approval is given that the administrative, legal and interest charges will be rolled up into the overall deferred payment agreement should the person decide they want to defer these costs.

 

4. The Adults and Safeguarding Committee approve the recommendations on offering deferred payments to people receiving non-residential care services, in addition to residential care. The recommendations as set out in paragraphs 2.14 to 2.15 of this report:

 

4 (a) That approval is given that options around offering deferred payments to people receiving community based care services will be explored and should further amendments to the scheme be required a report will come back to the Adults and Safeguarding Committee on this issue.

 

4 (b) That approval is given that on a ‘case by case’ basis that the Barnet scheme allows deferred payments for people in supported living.

 

5. The Adults and Safeguarding Committee approve the recommendation on the treatment of rental income from properties. The recommendation as set out in paragraph 2.21 of this report:

 

5(a) That approval is given that the option of a disregard on rental income is reviewed after consulting other local authorities to establish best practice and further work with Barnet Homes and other housing providers to establish the viability of a rental income disregard scheme. If a rental income disregard is viable, that this is included within the deferred payments guidance and procedures.

 

6. The Adults and Safeguarding Committee approve the recommendation on the types of security that can be accepted when offering deferred payment. The recommendation as set out in paragraph 2.23 of this report:

6 (a) That approval is given that the requirement to have discretion to accept other forms of security will be incorporated within the finalised universal deferred payments guidance and procedures.

 

7. The Adults and Safeguarding Committee give approval to the recommendation that authority to finalise and agree a universal deferred payments guidance and procedure is delegated to the Director for Adults and Communities in consultation with the Chairman of the Adults and Safeguarding Committee. The recommendation as set out in paragraph 2.28 of this report.

 

8. That the Adult and Safeguarding Committee give rigorous consideration to the equalities analysis and the consultation outcomes in the appendices to this report (Appendices 1 and 2).

 

Supporting documents: