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Charges for residential accommodation - CRAG amendment no 28; The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2009 (S.I. 2009/597)
Corporate AuthorDepartment of Health - DH
PublisherDepartment of Health, London, April 2009
Pagesunnumbered (Local authority circular, LAC (DH)(2009)3)
SourceDH Website: http://www.dh.gov.uk/en/Publicationsandstatistics/...
KeywordsCirculars ; Department of Health [legislation and circulars] ; Local Authority Circulars ; Care homes ; Nursing homes ; Social security benefits ; Charges.
AnnotationThis circular informs of changes to current regulations, those significant are detailed as follows: I. Sets out the revised Personal Expenses Allowance (PEA) of £21.90, which comes into force on 6 April 2009. II. Sets out the revised capital limits of £14,000 (lower capital limit) and £23,000 (upper capital limit), which comes into force on 6 April 2009. III. Sets out the revised savings disregards of up to £5.65 per week for individual supported residents aged 65 and over and up to £8.45 per week for couples, which comes into force on 6 April 2009. IV. Sets out changes to disregards of certain capital and income, in particular capital and income derived from a personal injury compensation award. V. Reminds councils that they are expected to have a deferred payments scheme in place and that they could be challenged if they did not consider exercising their discretion to offer deferred payments in individual cases. VI. Advises councils of the need to ensure they properly apply the provisions concerning the 12 week property disregard with regard to former self-funders. VII. Reminds councils of guidance issued by the Department in LAC(2004)20 on the Choice of Accommodation Directions, that where a third party top-up is being paid the council remains responsible for the full cost of accommodation, and that third parties paying tops-up have the choice of paying the top-up fee direct to the care home or to the council. VIII. Alerts councils to the coming into force of section 147 of the Health and Social Care Act 2008, which repeals sections 42 and 43 (the liable relatives rule) of the National Assistance Act 1948 with effect from 6 April 2009. The Annex to this circular gives fuller details. A revised copy of the Charging for Residential Accommodation Guide (CRAG) can be accessed on the DH website (electronic copy only available). (KJ).
Accession NumberCPA-090421207 C
Classmark6I: VK9: LAC(DH)(2009)3: KW: LHB: JH: QEJ *

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