Officer Decisions

Currently under Section 22 of the National Assistance Act 1948 local authorities have a duty to charge service users in receipt of residential care arranged by Devon County Council who meet statutory criteria following financial assessment.

Section 14 of the Care Act 2014 changes the basis of charging for residential care from a “Duty” to a “Power”.

The way in which Devon County Council assesses and charges service users is set out in the regulations and so this decision can only decide the principle of whether to charge or not. Consequently Devon County Council now needs to decide whether to charge service users who are in receipt of and who it assesses as able to pay for residential care from April 1st 2015.

Decision taken to continue charging service users in receipt of residential care i.e. – no change to the current position.

By continuing to charge those assessed as being able to pay we are maintaining the current position, there will be no detrimental effect on service users.

To continue charging those assessed as having the means to pay is the fairest method for all service users because to do otherwise would lead to an inequitable position between those already receiving care before 1 April 2015 and those receiving care after that date.

This decision is to continue operating in the same way as statutorily obliged to under the National Assistance Act therefore no alternatives or options have been considered.

The way in which Devon County Council charges servicer users, including the sums to be levied, is set out in statutory regulations. Devon County Council therefore has no discretion in deciding how much service users should be charged.