Social Services Charging Policy
Information and Advice
Information, advice and assistance services are in place to provide access to information on maximising income, the financial assessment and the charging policy. Information will be provided in a format consistent with a person’s communication needs. Advice and assistance can be accessed directly from the Citizen’s Advice Bureau or the advocacy services commissioned by Pembrokeshire County Council.
Financial Assessments
Financial assessments will be offered to everyone who is in receipt of a chargeable service that is not charged at a flat rate. The financial assessment will determine how much a service user can afford to pay towards the cost of their care.
We will screen the financial information forms within 5 working days and will let the service user/ financial representative know if we need further information. We will provide a financial assessment within 15 working days of receipt of a complete set of financial information.
Service users will be informed that there will be a delay between the start of the service and the first invoice. This is due to the time period allowed for the return of a completed financial form with supporting documentation and also the PCC invoice run which is done every four weeks. Sometimes there is a delay in receiving complete financial information for the financial assessment, which will add to the delay. While service users are awaiting the outcome of a financial assessment it is important for them to save enough of their income to settle the first invoice which will include charges from the day the service started.
Service users are advised to contact the debt recovery team if they think they will struggle to settle the first invoice. A repayment plan could be considered dependent on circumstances.
Service users in a care home placement with capital/savings above £50,000 will be charged full cost. If weekly income is less than the full cost amount and there is capital but no savings above £50k, then we could make arrangements to defer the portion of the charge not covered by weekly income.
This section should be read in conjunction with the Social Services & Housing Financial Assessment, Deferred Payments and Debt Recovery Policies.
Who will not be charged
The following people are not charged (including contributions for Direct payments):
- A child, for care and support they receive as a service user or a carer.
- A parent or guardian of a child or a child who is a carer in receipt of care and support. (The SSWBA allows for charges but current regulations preclude this.)
- A person who has Creutzfeldt-Jacob Disease.
- A carer, for services provided to or arranged for the person they are caring for. An exception to this would be a carer who has agreed to pay an additional cost contribution as a 3rd party.
- A care leaver up to the age of 25 who is not in receipt of care and support provided as part of an Adult Care & Support plan.
- A person who has been awarded 100% continuing health care (CHC) funding for their care. This is contingent on a joint Health/Social Care assessment of needs. This will apply from the date specified by the Health Board in their confirmation letter to Pembrokeshire County Council. Responsibility for contracting with the provider where applicable will transfer from PCC to the local Health Board.
- A person who requires aftercare under s117 of the Mental Health Act.
Who will be charged
Service users who don’t fall into one of the categories in section 6 of this charging policy will be provided with a financial assessment showing their assessed charge. They will be invoiced for their contribution towards the cost of their care and support.
Other local authorities and service providers who use PCC facilities and services to meet the needs of children will be charged the appropriate rate. Parents of children who choose service options over and above what is required to meet the assessed needs of those children will be charged in line with the Additional Cost Contribution regulations.
Third parties who contribute towards the cost of care for a friend/relative, will be charged. This is known as an additional cost contribution.
Self funding
Under s35 of the SSWBA, those who self-fund a care home placement can ask their local authority to arrange their care and support for them if they choose. Pembrokeshire County Council will agree to arrange the care placement if an assessment of needs determines the service being requested is needed. If Pembrokeshire County Council arranges the care home placement, Pembrokeshire County Council will hold the contract and the person or their financial representative will be invoiced for the full cost of the placement. Pembrokeshire County Council will charge an administration fee for this service. If the person’s financial resources reduce below the limit set in regulations while the person is still in the placement, then financial information will have to be provided so a financial assessment can be done to determine the person’s care charge. If the cost of the placement is more than the standard cost PCC will ordinarily pay for such a placement then the Additional Cost Contribution rules will apply when the person’s financial resources reduce below the limit set in regulations.
Those who self-fund and contract directly with a care home will need to refer in to Social Services for an assessment of needs at least 6 months before their savings will fall below the legislated threshold. Pembrokeshire County Council will begin to contract with the care home on their behalf from the date agreed in the care and support plan. Their Pembrokeshire County Council assessed charge will also start from the date agreed in the care and support plan.
Those who self-fund through Pembrokeshire County Council will need to notify social services care management and financial assessment teams at least 3 months before their savings will fall below threshold. They may be required to provide updated financial information for a revised financial assessment. Their revised charge will apply from the date their savings will fall below the threshold. If the cost of a self funded placement is above the standard rate that Pembrokeshire County Council would usually pay, then the self funder may be asked to move to a standard cost placement when their savings/capital falls below the threshold
Full cost charge
An assessed full cost charge based on information provided for a financial assessment will continue to apply until the service user’s savings/asset(s) value reduces below the limits set in regulations. If a person has savings above the national limit and an interest in a property, then only after the savings has reduced to below the national limit, will the property be taken into account in the financial assessment. If this reduction takes longer than 12 weeks then the 12-week property disregard will no longer apply. PCC will use the proportion of the full cost charge attributable to the savings/asset(s) to reduce their value. This will continue to apply unless PCC is provided with evidence to the contrary. A full cost charge that was applied because no financial information was provided will continue to apply until that information is provided and a financial assessment is done to determine the person’s care charge. This new assessed charge will apply from the date the financial assessment is completed.
Additional cost contribution (ACC)
Non- Residential Services
There may be additional costs relating to activities that take place during the provision of non-residential services. These could include costs such as entrance fees, meals out etc. These costs will be paid by the service user or a third party, such as the service user’s personal assistant or support worker at the time of purchase. Direct payments and Day Opportunity awards will not be provided to cover these types of costs as they do not relate to a service user’s assessed needs.
If the service user or their representative want additional care or support, then they will need to arrange this directly with the non-residential service provider. All costs for this arrangement will have to be paid directly to the service provider by the person or their financial representative.
Residential Services
A service user may choose a more expensive option that is over and above what is required to meet their assessed needs. In such cases, it may be possible for a third party to pay the difference between what Pembrokeshire County Council will pay and the cost of the service. The third party will need to be willing to pay the additional cost for the term that the service is required out of their own financial resources. They must provide the required financial information so an assessment can be done on the affordability and long term sustainability of this payment. If the third party defaults on payment and is unable or unwilling to pay the additional cost then the service user may be moved to a room/care home placement at the standard Pembrokeshire County Council rate.
A service user is only allowed to pay an additional cost contribution [ACC] if it can be deferred against their financial interest in a property. This will be subject to the property being eligible for inclusion in the financial assessment. If, under the financial regulations, the property cannot be taken into account in the financial assessment, then the service user will not be allowed to defer the ACC against it.
If Pembrokeshire County Council are unable to provide two options for a temporary or permanent care home placement at the standard rate Pembrokeshire County Council would usually expect to pay, then Pembrokeshire County Council will pay the additional cost of a suitable placement that will meet the person’s needs.
Fees and Charges
Fees and charges are governed in part by legislation and in part by local financial policies. These will be set at a level that will allow for the recovery of the full cost to the local authority. These will be reviewed as part of the budget process each year. Charges for services will not exceed the cost of providing or arranging the care and support or what can be sourced through direct payments. Charges will apply from the date the service started or, if the service has changed the new charge will apply from the date the service changed. Service users/financial representatives will be notified of changes to fees and charges. This will include notification of the date from which these will be applied. It may be necessary to retrospectively apply changes to fees and charges and when this happens PCC will take a reasonable approach to collection of these charges.
The charge to the service user will be determined as part of the financial assessment. The charge will be invoiced or deducted from a Direct Payment / Day Opportunity award, after a financial statement setting out the charge/contribution has been provided. For a list of fees and charges please see: Social Services fees and charges
There is usually a delay between the start of the service and the first invoice. This is usually due to a delay in receiving complete financial information for the financial assessment. When this happens the charge will apply from the start date of the service. It is important that sufficient money is retained in order to pay the first bulk payment. If a service user/financial representative has failed to retain sufficient funds for this purpose, they should contact the Debt Recovery team to arrange a repayment schedule. A repayment schedule for this purpose will typically be spread across 3-6 months.
It is unfortunate that sometimes there may be a misunderstanding about if and when a care charge will be applied or what type of charge should be applied. In these circumstances Pembrokeshire County Council will notify the service user/financial representative of the error and will apply a 2 month notice period before the correct charge will be applied.
Non-Residential fees and charges
For non-residential services the Welsh Government sets a weekly maximum that a person may be charged. If a service user is in receipt of more than one type of non-residential service then the cost of all of these will be added together and one care charge, up to the weekly assessed charge/weekly maximum (whichever is lowest.) will apply.
Flat rate charges
Flat rate charges will be set for low level, low cost care and support, such as community alarms, administration costs and assistive technology solutions etc. These flat rate charges will also apply when people opt for a direct payments option for these services. Flat rate charges will not exceed the cost incurred to arrange or provide the related care and support. For flat rate charges, financial assessments will only be offered and undertaken where it is considered that; either separately or together with other care and support charges; the flat rate charges will have an adverse impact on a person’s income.
Services that will not be chargeable
Some services will be provided free of charge and these are:
- Reablement (provided in a person’s home in the community) / Intermediate care rehabilitation/reablement beds (provided in a PCC care home) for up to 6 weeks, to enable service users to maintain or regain the ability to live independently at home in the community.
- After-care services provided/arranged under s117 of the mental Health Act 1983.
- Transport to a day service, where transport has been identified as an assessed need in a service user’s care plan.
- Independent professional advocacy provided/arranged by PCC under Part 10 of the SSWBA.
- Needs assessment, financial assessment, care planning, provision of statements of a charge, and care charge reviews.
- Employment Programmes arranged/provided by PCC.
Services that are chargeable
A list of fees and charges will be published following the annual review of fees and charges each year.
Community alarms & assistive technology
Home and community support (also known as Domiciliary care, Home care and Supported living services)
Shared lives (adult placement)
Short term residential/nursing care beds
Administration charges
Administration charges will be applied to the arrangement or administration of some services. A full list of administration charges will be set out in the list of Social Services Fees and Charges. PCC will pass on the cost of obtaining a legal charge against an asset, such as property, whether it is as part of a deferred payment agreement or due to non-payment of care charges.
Appointeeship
PCC acts as an appointee to manage the receipt of benefits payments and payment of bills for service users who live in the community or in a care home.
Charge – This service is charged at a flat rate per week.
Community Alarms & Assistive Technology
Community Alarms and some assistive technology are provided to support people to maintain their independence is the community.
Charge – These services will be charged at a flat rate.
Day opportunities
Day Opportunities can include a range of services.
- Day opportunities provided in one of the Council’s day/social activity centres will be charged at a daily rate. This will be subject to the weekly non-residential maximum charge.
- Day opportunities provided in other settings will be charged based on individual circumstances and will be subject to the weekly non-residential maximum charge.
- Training opportunities provided to meet assessed needs will be charged according to the programme being accessed; and will be subject to the weekly non-residential maximum charge.
Please see the PCC Day Opportunities policy for full details.
Deputyship
PCC acts as a deputy for financial matters for service users to manage all financial matters on their behalf.
Charge – This service is charged at the rates as set by the Office of The Public Guardian.
Direct payments
Direct Payments are provided to meet a range of needs. Direct Payment awards are paid net of contribution. This means that the service user must pay their contribution into the account that the direct payment award is paid into. This ensures that the service user can purchase the level of care and support required to meet their needs. Failure to pay the contribution may result in a lower award in subsequent years following a review. This is because it will appear that the person is able to meet their needs with a lower award. Financial reviews will take place to monitor appropriate use of direct payment awards and payment of contributions. Please see the Direct Payments policy for more details. This charge is referred to as a contribution. The person (or financial representative) will be liable for costs arising from directly entering into an agreement with a service provider.
These costs could include but won’t be limited to, notice periods etc.
If the Declaration of means form has not been received at the start of the Direct Payment service, payment will be made gross. The backdated contribution will be recovered once the financial assessment has been completed and the contribution amount determined. This means the service user will be invoiced for their contribution and this will be recovered either through a reduced direct payment until the balance is settled, or by payment of the balance by the service user to PCC.
Home and Community Support (also known as Domiciliary care, Home care and Supported living services)
This is provided at home, which includes supported living settings. This support includes but is not limited to personal care, background or direct support, shared support (support shared by more than one person), sleep-in or waking nights for those in supported living tenancies and replacement care. If a service user’s carer(unpaid) is unable to provide regular care for a short period replacement care may be considered as an alternative. Replacement care will be provided in the form of domiciliary care and will be charged in the same way.
Charge - This is charged per hour on a weekly basis. This will be subject to the weekly non-residential maximum charge. Rent for supported living settings, paid by PCC on behalf of the service user will be recovered in full from the service user. The service user should use housing benefit to cover this cost. The portion of rent not covered by housing benefit will be disregarded in the financial assessment.
The cost of shared hours in Supported living settings will be apportioned according to the number of service users in a shared hours arrangement. This change will only affect those who are:
- Charged less than their assessed income available to pay for care. For example Mr A’s financial assessment shows he has £80 per week that may be used for care charges. His current care package cost is £50 per week and this is what he is being charged. If someone leaves his shared hours arrangement his charge will increase but if someone joins, his charge will decrease.
- Charged at the level of their assessed income. For example Mr B’s financial assessment shows he has £80 per week that may be used for care charges. His current care package cost is £90 per week and he is being charged £80. If someone leaves his shared hours arrangement his charge will remain at £80 but if someone joins, his charge may decrease.
- Charged the maximum weekly charge. For example Mr D’s financial assessment shows he has £135 per week that may be used for care charges. His current care package cost is £250 per week and he is being charged the weekly maximum. If someone leaves his shared hours arrangement his charge will remain the same but if someone joins, his charge may decrease.
Meals
Meals provided in residential settings, in Day centres and Pembrokeshire County Council social activity centres.
Charge – Meals are charged at a flat rate, per meal. This will not be subject to the weekly non-residential maximum charge
Permanent residential care
A permanent residential/nursing care placement is one that is expected to last longer than 12 months. Everyone who takes up a permanent residential/nursing placement will have to pay towards the cost, with the exception of someone subject to s117 (see "who will not be charged" for more details). A financial assessment will determine how much a person will have to pay. The person will be left with at least the weekly minimum income amount set out in regulations.
Charge - Permanent residential/nursing care will be charged under residential care rules. Please see the paragraphs relating to ordinary residence, financial assessments, additional cost contributions, self-funding, full cost charge and choice of accommodation for more details.
Reablement
Reablement is short term support to maintain or regain independence. It is provided for up to a maximum of 6 weeks in a person’s home in the community. This period may be affected by the provision of intermediate care [also known as reablement bed service] immediately preceding reablement in the community. This means if a person has two weeks in a reablement bed and then continues reablement at home, only up to four weeks of reablement at home will be free of charge.
Charge - After the initial period (as stipulated in the care plan) reablement will be charged at the same rate as home and community support, per hour on a weekly basis; subject to the weekly maximum.
Shared care
Shared care refers to a package of support that will include more than one type of support. This care package is used to help someone transition from one type of support to another. For full details on shared care please refer to the Shared care policy.
If the care package is a combination of non-residential and residential care, the charging rules that will be applied will depend on the % split between these service types. A charge for each service will be assessed and the % split applied. It will be the responsibility of the service user or their financial representative to ensure Department of Works and Pensions (DWP) are informed which services the person receives on which days.
Shared lives (adult placement)
Shared lives services include:
- Long term arrangements - in a home with approved carers who provide care and support for a period greater than 6 months.
Charge - Flat rated charge for full board and lodging will be the responsibility of the service user or their financial representative. These charges are funded by housing benefit and therefore outside of the social services charging regulations and code of practice. Typically ordinary living costs such as food are the responsibility of service users.
- Short Term Arrangements - in a home with approved carers who provide care and support for a period between 1 and 6 months.
Charge - Shared Lives administrators will ensure service users are provided with relevant financial forms to complete so that a non-residential financial assessment can be done to determine their charge. Short breaks and short term arrangements should last no longer than 8 weeks. If the arrangement must continue then the long term charge will be applied.
- Short Breaks - with approved carers who provide care and support for a period.
Charge – Shared Lives administrators will ensure service users are provided with relevant financial forms to complete so that a non-residential financial assessment can be done to determine their charge. Short breaks and short term arrangements should last no longer than 8 weeks. If the arrangement must continue then the long term charge will be applied.
- Urgent Arrangements - for the provision of accommodation or support at short notice for a period [what period].
Charge – Flat rated charge for full board and lodging arrangements will be the responsibility of the service user or their financial representative. These charges are funded by housing benefit and therefore outside of the social services charging regulations and code of practice. Typically ordinary living costs such as food are the responsibility of service users.
- Sessional Support - for the provision of support on an hourly basis.
Charge - Shared Lives administrators will ensure service users are provided with relevant financial forms to complete so that a non-residential financial assessment can be done to determine their charge.
- Additional Personal Care/Support - for the provision of support on an hourly basis in support of any of the other Shared Lives support arrangements.
Charge - Shared Lives administrators will ensure service users are provided with relevant financial forms to complete so that a non-residential financial assessment can be done to determine their charge. Short breaks and short term arrangements should last no longer than 8 weeks. If the arrangement must continue then the long term charge will be applied.
Short breaks
This is the continued provision of care and support in settings other than registered care homes, including but not limited to hotels. These services may be provided for those in receipt of care and support in the community who require a short break. These will not exceed one week in length. These are provided to meet assessed needs of service users and/or unpaid carers.
Charge - These will be charged based on individual circumstances in accordance with non-residential charging regulations.
Short term residential/Nursing care beds
This is a stay in a registered residential setting (e.g. Care Home) that typically does not exceed 8 consecutive weeks. If a service user’s carer(unpaid) is unable to provide regular care for a short period a short term bed placement may be considered as an alternative. This will be chargeable under the relevant charging rules.
Charge - A nightly rate will be applied based on the weekly rates of individual care homes. This will be subject to the weekly non-residential maximum charge. The night care rate of any benefits the person is receiving will be used in the financial assessment to determine a charge for short term residential stays. If a consecutive stay lasting for 7 nights or less, falls across two weeks then the service user will be charged per night and also be subject to the weekly non-residential maximum charge or their assessed charge whichever is lower.
Example A – Mr A is receiving domiciliary care and is paying £50.00 per week. As per his financial assessment £50 is the maximum he can pay per week. He has 1 week respite at a care home from Monday to Monday, during which he receives no domiciliary care. The cost of the care home is £872.51 per week, he still pays only £50.00
Example B – Ms G is being supported by her family and receives no other social service support at home. Ms G has been allocated two weeks a year for respite as per her financial assessment £100 is the maximum she can pay per week. Ms G will be having two nights respite this week on Tuesday and Wednesday and two nights respite next week on Friday and Saturday. The nightly rate is £124.64 but Ms G will only be charged £100 for the first week and £100 for the second week.
Example C – Ms G has also booked in to have a full week’s respite from Wednesday to the following Wednesday. At a nightly rate of £124.64 this comes to £872.51 for the 7 nights. As this is a consecutive stay of 7 nights, Ms G will only be charged £100.
Intermediate care or rehabilitation/Reablement beds
Just like reablement this care could be provided where there is an assessed need, for up to 6 weeks free of charge. This care is provided to facilitate a safe discharge or to prevent a hospital admission. This care is not provided while a person is waiting for another care package to be provided at their home in the community. A person may be eligible for an extension which will be based on a review of assessed needs on a case by case basis.
Charge – Initial period up to 6 weeks will be free of charge. This period may be affected by the provision of reablement in the community immediately preceding the reablement bed placement. This means if a person has two weeks reablement in the community and then continues reablement in a reablement bed placement, only up to four weeks in the reablement bed placement will be free of charge. After the initial free period (up to 6 weeks depending on assessment), the next 8 weeks will be charged according to non-residential rules. See “short term residential/nursing care beds” for more details. After 8 weeks and up to 12 months the person will be charged according to the residential charging rules for temporary placements. After 12 months the person will be charged according to the rules for permanent placements.
Interim Support - (awaiting domiciliary care) Beds
A person who is medically optimised and ready for discharge (This will include having been assessed by social services.), but for whom domiciliary care cannot immediately be sourced, will be offered a bed in an appropriate care home.
Charge - For the first 8 weeks the charge will be based on the assessed number of domiciliary care hours the person would need. After the first 8 weeks the case will be reviewed and the person will be charged according to the residential charging rules for temporary placements. After 12 months the person will be charged according to the rules for permanent placements.
Respite
For those who have been assessed as needing respite, details in "short term residential/nursing care beds" above will apply as well as the following:
- The person receiving the respite will be charged. This means that respite provided to allow an unpaid carer a break will be charged to the person receiving the service.
- The number of weeks respite to be provided will be determined as part of the integrated assessment and will be included in the person’s/carer’s care plan.
- A person who has been awarded a direct payment for respite will be responsible for any shortfall between their direct payment amount and the cost of the respite placement.
- Additional cost contributions will need to be paid if the person chooses a more expensive option to that agreed in the care plan.
- Respite Services at PCC Care Homes [Havenhurst, Milford House and Hillside]
- A person who is not ordinarily resident in Pembrokeshire will be charged full cost.
- A Pembrokeshire resident who has been provided with a direct payment (DP) for respite services will be charged the full cost. This means that the person will need to pay any shortfall between the full cost and their DP amount.
- A Pembrokeshire resident who is not known or has not been assessed, by social services for respite services will need to refer through the first contact team to establish eligibility for respite. If this assessment identifies a need for respite then non-residential charging will apply up to the national weekly maximum charge.
- A Pembrokeshire resident who does not wish to be assessed by social services for respite services and wants to purchase this service privately will be charged the full cost.
Charge – Please see "short term residential/nursing care beds"
Temporary residential stay
A temporary residential stay in a registered residential/nursing care home is expected to last longer than 8 consecutive weeks, up to 12 months. Everyone who takes up a temporary residential/nursing placement will have to pay towards the cost, with the exception of someone subject to s117 (See "who will not be charged" for more details).
Transport
Service users who do not have an assessed need for transport will be responsible for transport costs required to access services such as day centres or activities in the community.
Charge - Transport will usually be charged on a journey by journey basis at a flat rate. In most instances this will be a transaction between the service user and the transport provider.
Deferred Payments
It may be necessary for a person to sell their home to pay for their care costs in a care home. A deferred payment agreement will be offered to someone who wants to delay the sale of their home until a time that is more suitable, if they meet the criteria set out in the Deferred Payments regulations. The full Deferred Payments policy is available on request. Regulations allow discretion to charge admin fees and interest up to 0.15% in excess of the Market Gilt Rate as reported by the Office of Budget Responsibility in their Economic and Fiscal Outlook report. The Social Services fees and charges list will include details of deferred payment admin and interest charges that may be applied. If a person is not eligible for a deferred payment agreement or does not want such an agreement, then they will need to pay the full assessed charge.
If a person cannot afford to pay the full assessed charge until they have disposed of the asset, then Pembrokeshire County Council will seek a legal charge against the asset if the person defaults on their payment. Pembrokeshire County Council will pass on the administration costs for obtaining the legal charge and will also start applying interest to outstanding debt.
Care charge appeals
Service users who think an error has been made with the calculation of their assessed charge; or think they have additional needs related expenditure that was not taken into account in the financial assessment, can request a review of their assessed charge. For full details please see the care charge appeals factsheet and policy.
Recovery of debt and deprivation of assets
Recovery of debt
This will be initiated where it is clear that it is as a result of a person’s deliberate non-payment. All other reasonable options will be considered before using debt recovery powers under section 70 (Recovery of charges, interest, etc.) of the Act, including but not limited to: engagement/consultation, negotiation, mediation and court action if this is considered appropriate. Social services case workers and managers will not undertake debt recovery to ensure no conflict of interest and so that social services maintain focus on meeting assessed needs. However, social services staff will be involved in the first stage of the debt recovery process to engage with the service user; to determine the circumstances for non-payment and possible early resolution. Social services staff will also be consulted during the process where necessary. Each case will be considered on its merits so that specific circumstances such as health and well-being and any communication needs are given due consideration.
Interest on debt
Interest will be charged on outstanding debt in accordance with the regulations that allow discretion to charge admin fees and interest up to 0.15% in excess of the Market Gilt Rate as reported by the Office of Budget Responsibility in their Economic and Fiscal Outlook report.
Deprivation of assets
When a person deliberately disposes of an asset in order to reduce the amount they contribute towards the cost of their care, it is known as deprivation of assets. In these cases notional capital will be applied to financial assessments. This where a person does not actually possess capital but they are treated as if they do.
Notional Capital value will be applied to a financial assessment if it is found that the person has intentionally deprived themselves of the capital, such as selling or transferring ownership of a property, in order to reduce the amount, they would need to pay towards the cost of their care.
If the service user has capital in excess of the national limit which is in addition to their notional capital, then the notional capital rule will be applied from the date the actual capital falls below the capital limit.
Determining deprivation of assets for the application of notional capital will depend on individual circumstances such as:
- What service was being provided to the service user at the time of the alleged deprivation.
- When the assessed needs were established for the chargeable service being provided.
- What the funds relating to the asset(s) was spent on.
- In cases where the service user is considered at risk of financial abuse by relatives/others, a referral will be made to Safeguarding services.
- If a safeguarding enquiry finds financial abuse has resulted in the deprivation of assets then notional capital will not be applied to the financial assessment.
- If a police investigation finds that financial abuse or theft has resulted in the deprivation of assets then notional capital will not be applied to the financial assessment.
- Funds recovered as a result of a safeguarding enquiry or police investigation will be applied as savings. This will be subject to the financial assessment rules on treatment of savings.
If deprivation of assets is alleged, then the service user / financial representative will be invited to a review. As part of the review further information will be required, based on the following 3 principles which are used for proving deprivation of assets cases as per the Act section 11.4 and also recognised by the Ombudsman:
- Whether avoiding or reducing a charge was a significant motivation;
- The timing of the disposal of the asset. At the point the capital was disposed of could the person have had a reasonable expectation of the need for care and support, even if at this point they were not yet receiving this; and
- Would the person have had a reasonable expectation of needing to contribute towards the cost of this either now or at some future point.
Evidence of the 3 principles above, what happened to the asset, and the reason for its disposal will be required during the review.
Examples could include:
For capital assets, acceptable evidence of their disposal would be: (a) A trust deed; (b) Deed of gift; (c) Receipts for expenditure; (d) Proof debts have been repaid.
Letters from GP’s and medical records of the long term health needs of the person at the time the asset was disposed.
Evidence of where the person was living at the time of the asset disposal and if any care and support was being provided.
Appendix 2 - Fees and Charges
On this page:
Services comissioned through an agreed framework
Service delivery to external providers and other local authorities (C)
Residential Care Home Services (D)
Services comissioned through an agreed framework
Domiciliary Care Framework
- 2023/24: Bespoke
- 2024/25: Bespoke
Supported Living Framework
- 2023/24: Bespoke
- 2024/25: Bespoke
Care home fees
Fees are per person per week, gross and exclude Funded Nursing Care |
2023/24 |
2024/25 |
|
Nursing (EMI) |
£908.95 |
£986.15 |
|
Residential (EMI) |
£879.14 |
£954.23 |
|
Nursing |
£838.59 |
£908.28 |
|
Residential |
£805.30 |
£872.51 |
|
Local Authority Care Component of Funded Nursing Care Fees (Fees are per person per week) |
£8.37 |
£tbc |
Direct payment rates
Awarded to service users to procure services identified in their care and support plans.
Direct payment awards are done net of contribution
Home and Community Services – per hour |
2023/24 |
2024/25 |
|
Managed & Non Managed Payroll |
£15.71 |
£14.77 |
|
Self-Managed Payroll (Non Managed Accounts Only) |
£15.71 |
£15.73 |
|
Agency, Micro & Self Employed |
£15.71 |
£17.40 |
[From 1 April 2024 people will be able to request additional funding for contingency arrangements, administrative costs and training if they employ their own PA]
Day Sessions - 3 hours per session |
2023/24 |
2024/25 |
|
Managed & Non Managed Payroll |
£53.55 |
£44.31 |
|
Self-Managed Payroll (Non Managed Accounts Only) |
£53.55 |
£47.19 |
|
Agency, Micro & Self Employed |
£53.55 |
£52.20 |
Short term Residential Stay [Respite] + Residential in a care home setting – per week |
2023/24 |
2024/25 |
|
Under 65 |
£805.30 |
£872.51 |
|
Over 65 |
£805.30 |
£872.51 |
|
Nursing |
£838.59 |
£908.28 |
|
EMI |
£879.14 |
£954.23 |
|
Nursing EMI |
£908.95 |
£986.15 |
Short Term Respite At Home + residential at home - per hour
|
2023/24 |
2024/25 |
|
Managed & Non Managed Payroll |
£15.71 |
£14.77 |
|
Self-Managed Payroll (Non Managed Accounts Only) |
£15.71 |
£15.73 |
|
Agency, Micro & Self Employed |
£15.71 |
£17.40 |
Charges (A)
Service Delivery falling under non-residential charging
To a collective maximum per week per client - the amount the service user pays depends on their financial assessment (Services provided/commissioned that are additional to those required to meet assessed care needs, will be charged separately at full cost)
- 2023/24 - £100.00
- 2024/25 - TBC
Home and Community Support Services
Personal care and general support in the home and community - per hour
- 2023/24 - £21.12
- 2024/25 - TBC
Day opportunities (internal)
This includes attendence at Pembrokeshire County Council Day and Social Activity Centres and Day Opportunities in the Community
There will be no charge for transport to access day opportunities, where it hasd been identified as a need that social services will meet, in the clients integrated assessment
per day |
2023/24 |
2024/25 |
| Procured from external providers | £38.33 | tbc |
| Delivered in Pembrokeshire County Council facilities | £32.49 | tbc |
| Bespoke, including community based | Bespoke | tbc |
DOIT: Day opportunities
Awarded to service users to purchase services identified in their care and support plans from a list of pre-approved internal and external providers. Service Users are able to purchase services from more than one provider to meet their care needs.
[Contractual arrangements are between service user and provider and facilitated by the DOIT service.]
Per session / per hour |
2023/24 |
2024/25 |
| Set rates under an agreed threshold | £53.55 | £53.55 |
| Bespoke packages with 1:1 provision under a pre-agreed hourly framework rate | Bespoke | Bespoke |
Short term residential stay (also known as respite)
Less than eight consecutive weeks - per night
- 2023/24: Based on financial assessment
- 2024/25: Based on financial assessment
Short breaks in non-residential settings - per day
To ensure consistency with chrages levied to those who have short breaks in registered homes
- 2023/24: Bespoke
- 2024/25: Bespoke
Adult placement/Shared lives
Care and support in adult placement (short term) per night
- 2023/24: TBC
- 2024/25: TBC
Day opportunities - per hour
- 2023/24: TBC
- 2024/25: TBC
Direct payments
Service user or responsible person (sometimes with support from Direct Payments Support Agency) makes care arrangements
Home and Community Services – per hour
|
2023/24 |
2024/25 |
|
Managed & Non Managed Payroll |
£15.71 |
£14.77 |
|
Self-Managed Payroll (Non Managed Accounts Only) |
£15.71 |
£15.73 |
|
Agency, Micro & Self Employed |
£15.71 |
£17.40 |
[From 1 April 2024 people will be able to request additional funding for contingency arrangements, administrative costs and training if they employ their own PA]
Day Sessions - 3 hours per session |
2023/24 |
2024/25 |
|
Managed & Non Managed Payroll |
£53.55 |
£44.31 |
|
Self-Managed Payroll (Non Managed Accounts Only) |
£53.55 |
£47.19 |
|
Agency, Micro & Self Employed |
£53.55 |
£52.20 |
|
Short term stay (respite) in registered care home - per week |
Based on financial assessment |
Based on financial assessment |
Flat rated charges (B)
Community alarms - Pendant alarm linked to monitoring service - per week
Standard VI Unit (analogue unit that works over phone line) |
2023/24 |
2024/25 |
| With disablement exemption certificate |
N/A |
£2.90 |
| Without disablement exemption certificate |
N/A |
£3.48 |
Smart Hub (has internal mobile sim card) |
2023/24 |
2024/25 |
| With disablement exemption certificate |
N/A |
£3.90 |
| Without disablement exemption certificate |
N/A |
£4.68 |
Meals provided in social care day services - per meal
- 2023/24: TBC
- 2024/25: TBC
Appointeeship Administration Charges
Appointeeship |
2023/24 |
2024/25 |
| Care Home appointeeship (per week, deducted from financial assessment charge) | £5.00 | £6.25 |
| Community appointeeship (per week, in addition to financial assessment charge) | £10.00 | £12.50 |
| Appointeeship - handling arrangements for deceased as part of dealing with estate | £300.00 | £350.00 |
Deputyship charges - as per Public Guardian Guidance
Deputyship |
2023/24 |
2024/25 |
| Deputyship £20,300+ capital (1st year) [revised from £16k+ by APAD in 2024] |
£775 pa |
£982pa |
|
Deputyship £20,300+ capital (subsequent years) [revised from £16k+ by APAD in 2024] |
£650 pa |
£824pa |
|
Deputyship up to £20,300 capital |
3.5% |
3.5% |
|
Deputyship all cases preparatory work |
£745 |
£944 |
| Preparation and lodgement of a report or account to the Public Guardian |
£216 |
£274 |
| Preparation of a Basic HMRC income tax return (bank or NS&I interest and taxable benefits) |
£70 |
£89 |
| Preparation of a Complex HMRC income tax return (bank or NS&I interest, taxable benefits, small investment portfolio) |
£140 |
tbc |
Shared Lives (SL) - Weekly fee paid to SL carers which is inclusive of £156 Full Board and Lodge element which is the responsibility of the Individual living in a long term SL Setting, to pay
per week |
2023/24 |
2024/25 |
|
Band A - the remaining £161 paid by Commissioners |
£317 |
£317 |
|
Band B - the remaining £294 paid by Commissioners |
£450 |
£450 |
|
Band C - the remaining £417 paid by Commissioners |
£573 |
£573 |
|
Band D - the remaining £532 paid by Commissioners |
£688 |
£688 |
Service delivery to external providers and other local authorities (C)
Day Opportunities
Charges to other local authorities, private residential home providers accessing day service – per day
- 2024/25 - tbc
Pembrokeshire County Council Care Homes
Milford House - per night
- 2024/25 - £1,654
Residential Care Home Services (D)
Temporary (8+ weeks to 52 weeks) and permanent
Bought in
The charge the client pays is based on a financial assessment
per week |
2023/24 |
2024/25 |
|
Residential – Per Week |
£805.30 | £872.51 |
| Residential – EMI – Per Week | £879.14 | £954.23 |
| Nursing – Per Week | £838.59 | £908.28 |
| Nursing – EMI – Per Week | £908.95 | £986.15 |
|
Bespoke placements in external care homes |
Bespoke | Bespoke |
Pembrokeshire County Council Care Homes
All residents regardless of start date. The charge the client pays in based on a financial assessment
per week |
2023/24 |
2024/25 |
| Residential | £805.30 | £872.51 |
| Residential EMI | £879.14 | £954.23 |
Deferred payments (E)
When a property is taken into account in a client’s financial assessment, they can defer/delay paying for some of their care costs. This means they do not need to sell their property right away. Administration costs include legal fees. Interest charged is based on national Fiscal Forecast which sets out the Market Gilt Rate. This rate could change every 6 months on 1st January and 1st June. The market gilt rate that we have used is 1.5%.
Charges |
2023/24 |
2024/25 |
| Interest Charged |
4.8% |
4.2% |
| Administration Set-up Cost (One-off charge) | £500.00 | £550.00 |
Other charges
Charges |
2023/24 |
2024/25 |
| Pennar training room - room booking (half day) | £50.00 | tbc |
| Pennar training room - room booking (full day) | £100.00 | tbc |
| Training - Family Information Service (EYDCP courses run and external bodies pay the cost as and when used) | Course dependent | Course Dependent |
| CAFCASS family Law cases - Working together for Children courswe - per course | £150.00 | tbc |
Appendix 1 - Legislation
The following legislation in relation to the Social Services and Well-being (Wales) Act 2014 [SSWBA] applies to this charging policy:
SSWBA
Part 4 – Meeting Needs
Part 5 – Charging and Financial Assessment
Sections 194 and 195 of the 2014 Act Ordinary Residence and Disputes on Ordinary Residence and Portability of Care
Codes Of Practice
Part 4 and 4 & 5 Codes of Practice (Meeting Needs, Charging and Financial Assessment)
Regulations
Care and Support (Charging)(Wales) Regulations 2015
Care and Support (Financial Assessment) (Wales) Regulations 2015
Care and Support (Review of Charging Decisions and Determinations) (Wales) Regulations 2015 Care and Support (Choice of Accommodation) (Wales) Regulations 2015
Care and the Support (Deferred Payment) (Wales) Regulations 2015
The Care and Support (Direct Payments) (Wales) Regulations 2015
Welsh Government Guidance
The Code of Practice 4 and 5 set out requirements when charging interest on Deferred Payments. The Market Gilt Rate plus at most 0.15% can be charged. The rate to be used will be set out by the Office of Budget Responsibility in the Determinants of the fiscal forecast table which is table 4.1 within the published Economic and Fiscal Outlook report: Budget Responsibility
Social services charging policy
The Social Services and Well-being (Wales) Act 2014 [SSWBA] and the Code of Practice: Part 4 and 5 Code of Practice (Charging and Financial Assessment) and related regulations, set out requirements for a charging policy. These include:
- Ensure that people are not charged more than it is reasonably practicable for them to pay and must not be charged more than the cost to the authority of providing or arranging the care and support. This means that if the Health Board joint funds a care package, only the PCC cost of the care package will be taken into account when determining a care charge. This also applies to funded nursing care where only the Pembrokeshire County Council cost of a nursing placement is used when determining a care charge.
- Be consistent.
- Be clear and transparent so people know what they will be charged.
- Apply charging equally and minimise anomalies between charging for different types of care and support.
- Be sustainable for local authorities in the long-term.
Pembrokeshire County Council [PCC] will charge for care and support provided to meet needs decided on as part of an assessment. There will also be charges for some early intervention/ prevention services and in some instances administration costs. People who receive care and support are known as service users and those who provide unpaid care to someone else, usually a relative or friend, are known as carers. The main types of care and support provided are:
- Preventative – these services can usually be accessed without an assessment and are mostly provided by voluntary or community organisations.
- Non-Residential – these services include domiciliary (home) care, direct payments, day opportunities, supported living services, respite, short breaks, shared lives, intermediate care and community care beds and reablement.
- Residential – unless specifically mentioned these placements refer to residential or nursing care home placements. These are placements in registered care homes either on a temporary (up to 12 months) or permanent (more than 12 months) basis.
Pembrokeshire County Council will work out how much a person will need to pay (contribution) towards the cost of their care using financial information provided by that person or their financial representative. There are specific regulations relating to how we treat different types of income, assets, savings and expenses. There is more information on this in the Financial Assessments section.
Assessing and meeting needs
The SSWBA sets out requirements for assessing and meeting someone’s social care needs. We will assess someone who:
- has made the decision to make Pembrokeshire their main area of residence (ordinarily resident); or
- has no fixed home and is in Pembrokeshire when they need support.
The assessment will show which needs must be met by Social Services and which needs will be met by the person through access to services and support available in the community.
Ordinary residence
Section 194 of SSWBA makes provision for establishing a person’s ordinary residence. A person is an ordinary resident of the area in which they make their home, whether they rent or own a property or live with family or friends. If a person has no settled residence when their needs are assessed then that person is treated as a resident of the area in which the assessment takes place.