This information explains the changes and implications following the introduction of the Care Act in 2014.
It is not compulsory to complete this, however, it is an opportunity for you to express your views on the changes, and to understand how they may affect you directly. 
You can also attend any of our drop in sessions, details of which can be found below. Please note these may be subject to change so please check The Bury Directory or phone 0161 253 6021 for further information.
Thursday 12th October 2017
13:00- 16:00
Radcliffe Library, Stand Lane, Radcliffe, M26 1JA

Wednesday 18th October 2017
15:00 - 18:00
Elms Community Centre, Green Lane, Whitefield, M45 7FD

Tuesday 31st October 2017
9:30 – 12:00 
Elton Community Centre, Alston Street, Bury, BL8 1SB 

Wednesday 1st November 2017
10:00 – 12:00
Ramsbottom Centre, 60 Bolton Road West, Ramsbottom, Bury, BL0 9ND

Monday 13th November 2017
10:00 -12:30
The Mosses Centre, Room 1, Cecil Street, Bury, BL9 0SB

Friday 1st December 2017
10:00 – 12:00
The Green Room, Textile Hall, Manchester Road, BL9 0DG 

Where any comments relate to a Council service this will be fed back to the appropriate team. If it is not within the Council's remit, then feedback will be sent to the relevant government body.
Following the collation of all feedback, a report will be published on The Bury Directory which can be accessed online at: www.theburydirectory.co.uk/careactengagement
Thank you for your time, we appreciate your comments on this.
The Care Act 2014 - Changes and the impact to you

The Care Act is the biggest change to English adult social care law in over 60 years, reforming the law relating to care and support for customers and carers.  The Care Act replaces a number of different pieces of legislation with a single modern law and a new legal framework that affects how Councils support people with care and support needs and carers.

The Care Act introduces a number of significant changes to how care is charged for, who may have to contribute and how much people will have to pay towards their care.

The purpose of this document is to communicate the changes in Bury brought about by the Care Act on four particular topics, and to share with customers, carers and the community how these changes could affect them. 

The following link can be used to access the Department of Health Care Act 2014, Care and Support Statutory Guidance.  This link applies to all 4 Policies.

https://www.gov.uk/government/publications/care-act-statutory-guidance

The implementation of the Care Act required Bury Council to review several policies to accommodate the new legislation, these are:-

1.   Assessment and Eligibility

2.   Charging and Financial Assessment

3.   Residential Care Top-Up

4.   Personal Budgets

A full copy of all these policies can be found on the Bury Directory using the following link, 

www.theburydirectory.co.uk/careactengagement or phone 0161 253 6021 to request a hard copy.
1. Assessment and Eligibility

The Council must offer equal access to Community Care services, whilst ensuring that priority is given to those people who need the care most. Everybody who goes to a Council for help will therefore be assessed in the same way across England.
The Council aims to make sure that people remain independent for as long as possible. Trained staff will work with people to identify the care that will best meet their personal needs to maintain quality of life.
The assessment will help people to gain a better understanding of their current situation and the options available to them. 
Being assessed does not necessarily mean that you will be eligible for a service. Services will only be offered if the assessment evidences needs that are set out in the Care Act 2014 Part One. This will be made clear to you during the assessment process. If you do not qualify to receive any services then the Council will provide you with information on other relevant services. 
After the assessment is completed your personal needs will be prioritised using the national eligibility
criteria.
Planned change:
To introduce a national eligibility criteria which will apply to all councils in England
Who will it Affect:
There will be consistency across the eligibility and assessment process as everybody will be subject to the same determination of eligibility wherever they live in England
Planned change:
Being assessed does not necessarily mean that you will be eligible for a service. Services will only be offered if the assessment evidences needs that are set out in the Care Act 2014 Part One. 
This will be made clear to you during the assessment process. If you do not qualify to receive any services then the Council will provide you with information on other relevant services.
Who will it Affect:
People will be encouraged to use all of the resources available to them, as well as those of the wider community, to assist them to remain independent. 
Planned change:
Carers can be eligible for support in their own right.
Eligibility for carers does not depend on whether the person they care for has eligible needs.
All carers are to be offered an assessment.
Who will it Affect:
There will be consistency across the eligibility and assessment process for carers as everybody will be subject to the same determination of eligibility wherever they live in England.
Planned change:
Being assessed for a carers service does not necessarily mean that you will be eligible for a service. Services will only be offered if the assessment evidences needs that are set out in the Care Act 2014 Part One.
This will be made clear to you during the assessment process. If you do not qualify to receive any services then the Council will provide you with information on other relevant services.
Who will it Affect:
People will be encouraged to use all of the resources available to them, as well as those of the wider community, to assist them to remain independent. 
Planned change:
There are some specific groups of people that the Department of Health consider require specialised assessment:
●    The assessor must have specialised  training in autism to assess an adult with autism.
●     The Council must ensure that a trained expert is involved in the assessment of adults who are deafblind. 
Who will it Affect:
This now applies across England.
Planned change:
If a person would have substantial difficulty in being involved, and adaptations to the process would be insufficient to overcome this, the Council will ensure that there is an appropriate individual, such as a friend or relative, who can facilitate this involvement. If there is no-one who can fulfil this role, an independent advocate will be engaged to support and represent the person in the assessment process.
Who will it Affect:
Bury has processes in place and has commissioned an independent advocacy service for this purpose. All assessment staff have had Mental Capacity Act training.
Planned change:
If an individual or their carer is eligible for help or support, we will draw up a support plan with the individual. This will record:
●    Eligible need;
●    What you need and how this will be provided;
●    A contingency plan to manage emergency changes, including all relevant telephone and contact numbers;
●    Details of services to be provided including charges, and
●    A review date.
●    In addition, the support plan will include any contributions made by carers or other providers.
When planning care, we will provide the most appropriate best value support available.
Who will it Affect:
All people who have an assessment from a council in England.
Planned change:
“Replacement care” may be needed to enable a carer to look after their own health and wellbeing alongside caring responsibilities, and to take a break from caring. For example, this may enable them to attend their own health appointments, or go shopping and pursue other activities.
It might be that overnight replacement care is needed so that the carer can catch up on their own sleep. This will be decided on a case by case basis. In other circumstances, replacement care may be required for a longer period, for example if your carer is in hospital. This will be decided on a case by case basis. In these circumstances, where the form of the replacement care is essentially a homecare service provided to the adult needing care that enables the carer to take a break, it will be considered a service provided to the cared for person, and will be placed on the cared for's support plan.
Who will it Affect:
This will have an impact in the following cases:
All current carers who have replacement care on their support plans – in most cases this will be transferred to the cared for support plan with no changes to services.
Once the replacement care is transferred to the cared for budget then this service becomes subject to financial assessment and is chargeable.

Please use the comment box below if you have any comments on this policy.

Question Title

* Enter your comments on the Eligibility and Assessment Policy here

2. Charging and Financial Assessment.

Social Care services are not free and the Government expects Councils to charge and collect income to help provide these services.
The purpose of this policy is to make sure the Council charges in a fair way.
Social Care services might include, for example, care at home, day services or residential care services.
The Council has to make sure that it follows the rules that the Government has set in the Care Act of 2014.  This policy details how Bury Council will do that.
Most of this policy is the same as it has been for many years.  The information below shows details of what the Council plans to change and who might be affected.
Planned change:
To introduce a charge for Day Services.
Who will it Affect:
·         People who only receive a Day Service will now be asked to pay a charge but will have the opportunity to have a financial assessment of their ability to pay.
·         Some people will already be paying their maximum amount if they are receiving other services and have already had a financial assessment. Therefore they will pay no more.
·         Some people will already be receiving services with no charge because of the result of their financial assessment.  This will not change.
Planned change:
To remove from the calculation an allowance of the amount between the Disability Living Allowance (DLA) higher/middle rate where night sitting services are not received.
Who will it Affect:
People who have been receiving services prior to April 2015 & have been in receipt of the higher rate of DLA benefit but not receiving a night time care service.  The allowance will be removed from the Financial Assessment.  This may increase the charge for some people.
Planned change:
The charge and financial assessment will be worked out against the whole (100%) of the value of the Personal Budget package.
Who will it Affect:
·         People whose elements of the Support Plan are not personal care will now be charged. 
·         Previously these non-care elements were left out of the charge calculation.
Planned change:
Charges for Care at Home services will be worked out in the same way as the Council pays the Agency providing the care, i.e. by 15 minute blocks, or by per minute.
Who will it Affect:
·       Previously this has only been calculated in 15 minute blocks where care received may have been rounded up to the next 15 minutes.
·       This may have meant people were paying for minutes they didn’t actually receive.
·       The new way means that people will only pay for the number of minutes they actually receive.
·       There will be two methods until people are transferred to the new way.
Planned change:
Charges will be for the total time for all carers required to carry out the task.  If more than one carer is present this will be the time for all carers added together.
Who will it Affect:
·         People who receive more than one carer at the same time & have been financially assessed to pay a charge may be required to pay an increase in charges.
·         People with only one carer or who already pay the financially assessed amount will not be affected.
Planned change:
Charge for visits cancelled with less than 24 hours notice & visits where the carer can’t gain access or is turned away.
Who will it Affect:
·       People who are financially assessed to pay and if this situation occurs.
·       People already paying their maximum assessed charge or paying nothing will not be affected.
Planned change:
Carers who have been assessed and receive Council support will not be charged.
Who will it Affect:
No change. Carers have never been charged & will continue not to be.

Please use the comment box below if you have any comments on this policy.

Question Title

* Enter your comments on Charging and Financial Assessment Policy here

3. Residential Care Top-Up.

This policy explains who will pay the extra when a person chooses a residential care home that charges more than the standard Council agreed rates.
The person living in the residential care home will be financially assessed to work out how much they will pay towards the cost.  This is explained in the “Charging and Financial Assessment Policy”.
The person living in the residential care home can only pay the extra amount themselves in certain circumstances.
In most circumstances, a “Third Party” will need to agree and pay the extra amount.  The Council will need to be satisfied that the Third Party is willing and can meet these additional costs for the whole period of time needed. 
Definitions:
First Party: This is the person living in the residential care home.
Third Party: This is another person and may usually be a relative. 
This Policy is new and there will be a change to any current arrangements.  However it follows the rules that the Government have set in the Care Act of 2014.
Planned change:
The person (Third Party) agreeing to pay the extra amount will have to sign a Legal Agreement Form with the Council, agreeing to meet the extra costs & agreeing to provide details of their personal financial information.  This is so that the Council can be satisfied that the person can afford these extra costs for the amount of time needed.
Who will it Affect:
·         People who have agreed to meet the extra costs on behalf of a resident in a care home that charges more than the standard fee.
·         This process has previously been carried out direct between the person and the Care Home Provider. This is no longer allowed under the Care Act of 2014 Guidance.
Planned change:
To introduce a way of calculating that the person (Third Party) can afford to pay this extra cost.
The Proposal is that the person provides financial details to confirm that they have;
·         At least 3 years worth of savings to cover the extra costs, or they have;
·         Enough weekly income above the weekly expenditure to meet the extra costs.
Who will it Affect:
·         People who have agreed to meet the extra costs on behalf of a resident in a care home that charges more than the standard fee.
·         This calculation and process is new.
Planned change:
To introduce a way of calculating that the person (First Party) living in the care home can pay this extra cost.  This is only allowed in certain circumstances and is usually when they have a house to sell.
The Proposal is to check that the money from the sale of the house will be enough to pay the extra cost for at least 3 years after the repayment of all other costs and loans.
Who will it Affect:
·         People who choose a residential care home that charges more than the standard fee & they have a house to
Planned change:
To set the weekly amount of extra costs where the financial circumstances need to be checked to make sure the person can afford to pay the extra cost.
The Proposal is to set this amount at £50.00 per week.
Who will it Affect:
·         Where the extra cost is less than £50.00 per week, the person will still have to agree and sign the Legal Agreement form, but the checks of their financial circumstances will not be done.
·         Where the extra fee is more than £50.00 per week the checks of their financial circumstances will be done.

Please use the comment box below if you have any comments on this policy.

Question Title

* Enter your comments on the Residential Care Top Up policy here.

4. Personal Budget.

The Personal Budget is the amount of money that the Council would have to spend to meet the person’s assessed and required needs, where these needs can’t be met from the person’s own money or from other options available.
The Personal Budget and the Support Plan allows the person to have greater choice and take control over how their care and support needs are provided.  The Support Plan will list how this money will be used and how it will meet the required needs.
This Policy details how the Personal Budget and Direct Payment should be used.
The Direct Payment is when the Council provides the money for people to purchase services themselves instead of giving the actual service.  This policy covers the arrangements for using this money, how it will be paid, how it should be spent, what information has to be kept on how the money has been spent, and information about how the Council will check this.
These arrangements are not new, but the Council has decided to relook at the existing processes.
The information below shows details where changes will occur.
Planned change:
Clarifies the amounts allowed to spend from the Personal Budget to purchase services needed.
Who will it Affect:
·         All people receiving Direct Payments of their Personal Budget.
·         This makes sure it is a fair & consistent approach compared with those people who choose to have their services provided to them by the Council.
Planned change:
If a person chooses a service at a higher rate it must be identified who will be willing and able to meet the additional costs.
Who will it Affect:
·         All people receiving Direct Payments of their Personal Budget who choose services at a higher than standard rate.
·         This makes sure it is a fair & consistent approach compared with those people who choose to have their services provided to them by the Council.
Planned change:
Explains the changes about carer’s and Replacement Care situations.
Who will it Affect:
Identifies that where the care required is as a replacement of the carer providing care (to give them a break) that this should be identified as a need of the person cared for, and should be on the cared for person’s Support Plan and charged to them accordingly.

Please use the comment box below if you have any comments on this policy.

Question Title

* Enter your comments on the Personal Budget Policy here.

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