Wigan Family Forum - The Big Cuts Notes
 
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Added Date: 25th July 2013
Wigan Family Forum - The Big Cuts Notes

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Both the English and Welsh Governments have published major proposals for the reform of social care law.
In England the Care Bill adopts many of the Law Commission’s proposals - including the need for clear underpinning statutory principles (equivalent to those in the Mental Capacity Act 2005); a single assessment duty (including 16 and 17 year olds); a single set of eligibility criteria; a codification of carers’ legal rights; a new ‘portability’ of care package duty (for people moving between local authority areas); and putting the duty to ‘safeguard adults’ on a formal statutory footing.
The scrutiny of the draft Bill (then called the ‘Care and Support Bill’) by a Parliamentary Select Committee resulted in the publication of a report in March 2013 suggesting over 150 changes. In May the Government introduced the actual ‘Care Bill’2 – which is expected to receive Royal assent 2013 and to come into force in 2015. As the Bill progresses through Parliament, more draft subordinate material is being issued – ie in June 2013, the draft of The Care and Support (Eligibility Criteria) Regulations3 – which would – in essence - impose a minimum eligibility threshold at ‘substantial’
The Welsh Government’s Social Services and Well-being Bill was published in January 2013 and is loosely modelled on the English Bill, save only that it also applies to children. The timescale – is likely to mirror that of the English process.
The English Bill incorporates modified ‘Dilnot’ proposals (to be implemented in 20164 including:
• £72,000 cap;
• £118,000 upper capital limit (if a home is included in the calculation);
• £27,000 upper capital limit (if a home is not included in the calculation);
• £17,000 lower capital limit; and,
• £12,000 contribution to general living costs.



 
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