Author Archives: Stephen Lowe

The delayed spending cap – next steps

The decision to delay, and possibly abandon, implementation of the lifetime cap on spending on care, is a retreat from a commitment that the Government made in its manifesto for the last Election. As a result, the risk of endlessly spiralling care bills remains and for as long as no cap is in place older people with assets will justifiably worry that they could be ‘wiped out’ financially if they are unlucky enough to need long term care. It is very disappointing that after all the efforts of the Dilnot Commission to come up with a solution so that older people could have peace of mind, this problem remains.

It should not be overlooked that the Government’s announcement also delays the implementation of two other important commitments.

First, although the Government’s decision not to implement the lifetime spending cap received the most attention, a second decision announced at the same time will actually adversely affect more people. It was that they would not be raising to £118,000 the maximum level of assets that are taken into account in deciding whether people must pay for their own care, as originally planned. Continue reading

Care cap delayed

The implementation of a lifetime spending cap on the amount an individual would spend on care was a flagship of the former coalition government’s social care policy, and a manifesto commitment for the present government. However implementation of the spending cap, originally intended for April 2016, has now been delayed until 2020. This means after the next election, so this delay raises considerable doubts about whether the cap will ever be implemented at all.

Age UK supported the proposed spending cap in principle and still does, but as we have said before, the devil is in the detail. For example the Dilnot Commission on long term care funding, which thought up the idea of the cap, originally set the cap at £35,000- £50,000, which was carefully calculated to ensure that the less well off would benefit. This objective was undermined by the government’s decision to raise the cap to £72,000.

Now that details of the scheme have emerged – with draft regulations being published only just before the election – it has become clear that the top priority must be to stop the social care system that millions of older people depend on from collapsing in its entirety.The most urgent priority arises from the current situation where cash strapped local authorities have restricted care to the point where over a million older people who are unable to carry out at least one vital activity of daily living without difficulty (for example using the toilet, getting dressed) receive no care whatsoever. Continue reading

A denial of dignity

Older woman with carer

The European Court has ruled on a challenge brought by Elaine McDonald, a user of social care services in Kensington and Chelsea, regarding reductions to her care package which amounted to a denial of dignity. This ruling is the final stage in a series of cases that have included the UK Appeal Court and Supreme Court. Age UK intervened in the Supreme Court case.

At the heart of the dispute is the issue of whether someone who is not incontinent should be expected to wear incontinence pads rather than being assisted to use the toilet at night. Ms McDonald has argued that being required to do this is a breach of her human rights.

UK courts, including the Supreme Court, accepted that Kensington and Chelsea’s decision to remove night time care was unlawful in English law as it was implemented without carrying out a proper reassessment of need. However UK courts have not accepted that this involved a breach of human rights, or that the council acted unlawfully in withdrawing care once (a year after the initial decision) it finally completed an assessment. Continue reading

Tackling the future funding of social care

Age UK has responded to a Department of Health consultation on the future funding of social care. This marks the latest stage in the long march to reform how we pay for care. The ‘Dilnot’ Commission on long term care funding recommended a new system whereby the amount that individuals would be expected to pay towards their care needs would be capped. The government has announced that it will implement a modified version of these recommendations. However there are still many unanswered questions about the new system and concern about its complexity.

The proposals are based on a new national system of eligibility for local authority care. The only spending by an individual that will count towards the 440px_older_carers_handscap is that required to meet needs which fall within these criteria – currently set at ‘substantial’ . If the criteria are too restrictive people might have spent large amounts before their outlay even starts to count towards the cap. Age UK has therefore argued that eligibility for local authority care should include people with what would currently be defined as moderate needs. Continue reading