Once it has been agreed that you need to enter residential care the local authority will make an assessment to see how much you have to pay. This assessment is similar to that for income support or pension credit guarantee credit though there are some differences, in particular the capital rules.
Once the assessment has been made you will have to pay a weekly amount towards your residential accommodation and the local authority will make up the difference. You will always be left with an amount called the personal expenses allowance for your personal needs. You can also keep any disability living allowance mobility component you are getting.
There are different rules if you are a temporary resident in a home.
Local authorities have a power to charge for residential care under section 22 of the National Assistance Act 1948. The method of assessing how much you have to pay is contained within the National Assistance (Assessment of Resources) Regulations 1992.
Local authorities use guidance, "Charging for Residential Accommodation Guide" (CRAG), to the regulations when making assessments.
CRAG is divided into 13 sections. Some of these sections are quite detailed and you will need to read them carefully or get advice.
You have the right to complain against a residential accommodation assessment in the same way as you would against a community care assessment.
Guidance on care charges are contained within the Scottish version of the charging for residential accommodation guide. In Scotland the upper capital limit is £22,500 (£22,750 from 6 April 2010) and the lower limit is £13,750 (£14,000 from 6 April 2010).
The personal expenses allowance is £21.90 (£22.30 from 6 April 2010)
If you are age 65 and over and living in a care home and paying your own fees you can get an allowance of £149 a week towards your care home costs and a further allowance of £67 if you need residential nursing care.
If you are under 65 you can receive £67 towards your nursing care.
You can also find out more information in Disability Alliance's Disability Rights Handbook at www.disabilityalliance.org/drh35.htm. This provides information about the different types of residential care, as well as charging for care.
You might also want to look at our Factsheet F6 - complaining about local authority decisions.
Age concern produce a care home checklist, to help you choose a care home, on their website at www.ageconcern.org.uk.
You can obtain copies of our factsheets, or order our publications, by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
www.disabilityalliance.org - 10 March 2010
