Consultation on the cap on care costs and appeals

The Department of Health's consultation on the reforms under the Care Act that were to come into force in April 2016 ran until 30 March 2015 and covered two elements: the cap on care costs system and a new appeals system.


Care Act 2014: Consultation on draft regulations and guidance to implement the cap on care costs and policy proposals for a new appeals system for care and support

Cap on care costs

We are reforming the way people pay for care and support because the current system simply doesn't work for today's society. Care and support has never been free, but the current system can mean those of us unlucky enough to have the highest needs face losing almost everything we have to meet the cost of care. For the first time ever, a cap on care costs will be introduced that will provide protection and peace of mind and alongside this, the point at which financial support is available for the cost of care is being extended.

The consultation sets out draft regulations and guidance that will underpin the new system and explains how the proposals have been reached. It seeks views on whether the draft regulations and guidance will provide a robust framework and on the detail of different aspects of the new system.

In addition the consultation seeks to explore possibilities in some areas in more depth and invites views on their potential merits and challenges. These are areas that stakeholders have raised previously and we would welcome further evidence.

Appeals

We also want people to be able to more easily challenge decisions about their care if they feel they are not right and to do so in a way that doesn't cause delays. We are therefore also setting out proposals for a new appeals system. The proposals are at an earlier stage of development as they were introduced to the Care Act as a result of debates as it passed through Parliament. We are therefore seeking views on the need for a new system and a proposed way forward rather than regulations and guidance in this consultation.

The new appeals system would sit alongside the current means of redress. This includes the complaints system and the option of going to the Local Government Ombudsman. The proposals are underpinned by the principles of early resolution, good communication, fairness, equality, independence, accessibility and proportionality.

Role you can play

The collaborative approach taken to developing the detail of the consultation has been extremely valuable and will continue through the formal consultation process and beyond. By responding to the consultation with views, stakeholders, including local government, will help to shape the final product that the Department of Health will publish.