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Outer Temple Chambers seminar on Part 1 of the Care Act 2014

Care and support under the Care Act 2014 – an introduction to Part 1 of the Act

The Care Act 2014 replaces a patchwork of other pieces of social care legislation with a single system to establish eligibility to care and support for adults with needs and for carers. This session will cover the new “wellbeing” principles underpinning the Act, who is entitled to an assessment, how the new national eligibility framework will be applied, the legal status of care and support plans, rights to personal budgets and direct payments and how these new rights can be enforced.

Transition to adult care and support under the Care Act 2014

The Care Act 2014 contains important new rights for children with care and support needs and their young carers as they approach adulthood. This session will explain the new duties on local authorities to carry out a “child’s needs assessment”, “childs’s carers assessment” or “young carer’s assessment”. We will also cover the other changes made by the Care Act to promote a smooth transition to adulthood and how these relate to the Education, Health and Care plans under the Children and Families Act 2014.

Continuity of care, ordinary residence and mental Health aftercare after the Care Act 2014

One of the aims of the Care Act 2014 is to introduce “portable” care so that people and carers can know their needs will continue to be met when they move from one area to another. This session will examine how continuity of care will work under the new legislative framework, the new rules on “ordinary residence”, including rules for prisoners and how disputes will be resolved.

The Care Act 2014 makes important changes to mental health aftercare under s.117 Mental Health Act 1983.

Paying for care under the Care Act 2014

The Care Act repeals the old system under which there was a duty to charge for residential care services and a power to charge for residential care. Section 14 of the Act, new regulations and guidance set out the new system under which authorities have a power but not a duty to charge for care and support. This session will look at what is likely to carry over from the old system and what is new, including the “guiding principles” for charging, new deferred payments regime, the repeal of local authorities powers to place a charge, charges and “self funders” and possible charging of carers.

We will also look forward to the implementation of the “care cap” in 2016.

Dates to be announced soon.

Events 9 Apr, 2015

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