The following Local Government guidance note Produced in partnership with Warren Shackleton of Network Homes Ltd provides comprehensive and up to date legal information covering:
The primary community care liabilities a local authority (LA) is likely to have to recover, are:
Residential care is when a person in need of care cannot receive it at their home for whatever reason and needs go into a care home. This type of care can be for a short period, known as respite care, for a medium term, known as a temporary stay or where the stay is longer than 12 months, a permanent stay.
Where a person avails themselves of care and support provided by the LA, the LA while having a duty to provide the care is also entitled to charge for it. A stay in residential care almost always incurs a monthly charge and if unpaid, any sum due may be recovered like any other debt.
Arrears normally accrue for one of two main reasons:
most commonly, the service user does not pay their monthly income or capital-based contribution in full or at all
arrears can also accrue where a service user has a property rendering their capital over the higher capital threshold of £23,250 and they either do not qualify for a deferred payment agreement or refuse to sign one. Arrears can accrue very quickly in this case
Domiciliary care is where a person in need
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