Charging & Financial Assessment Procedure

You are expected to be able to provide general information and advice about the financial assessment process whenever:

1. A person asks for it (reactive); or
2. You have identified a need for it (proactive).

This procedure will support you to provide general information and advice, but where required you should:

1. Seek the support of your line manager; or
2. Contact a practitioner from the team responsible for financial assessment.

See the Financial Assessment and Charging FAQ Response Support Tool for the answers to some frequently asked questions around financial assessment, including questions relating to Disabled Facilities Grants.

Note: This FAQ is based on statutory duties and powers and does not reflect Kent's policy to provide all carers services on a non-chargeable basis.

Although you are expected to provide general information and advice about financial assessment you are not expected to be able to provide specific financial information or advice that relates to someone's particular financial circumstances.

Where such information or advice is required you must however take steps to ensure that it is made available, either:

1. From the team responsible for financial assessment; or
2. From an independent financial advisor.

When signposting to an independent financial advisor you should explain that:

1. The advisor may charge to access their advice; and
2. That there are other sources of independent financial advice available.

If you find yourself providing information and advice that is specific to the circumstances of a particular person, you must consider who you are providing it to, and whether it is appropriate to provide it to them.

Normally it will only be appropriate to provide financial information to:

1. The person; or
2. Somebody else where clear consent of the person has been given; or
3. Where the person with Care and Support needs lacks capacity, a Deputy appointed by the Court of Protection to make decisions about financial matters; or
4. A Donee of a Lasting Power of Attorney who is authorised to make decisions about financial matters; or
5. Where the person lacks capacity, and there is no Deputy or Donee a person that you deem it in their Best Interests to provide the information to.

All information and advice that you provide must be given in a way that any person receiving it will best be able to understand and use. This is a legal requirement of the Care Act.

See How to Provide Information and Advice.

If you provide information and advice but feel that the person for whom it is intended will need additional support to understand it then you should consider:

1. Whether the information can be provided in a different way;
2. Whether you can take any additional steps to support the person to understand it (for example talking through the information on the telephone or in person);
3. Whether it would be appropriate to appoint an independent advocate to support the person to understand and use the information.

If an early financial assessment has not been completed (see below) a financial assessment must be requested when all of the following have been established:

1. Eligible needs (or urgent needs are being met without a needs assessment having yet been completed); and
2. Ordinary residence in the Local Authority area (or presence with no settled residence); and
3. The chargeable services are to be provided; and
4. That the Local Authority intends to use its powers to charge for that service.

Under the Care Act it is possible to complete a financial assessment at an earlier stage in the care and support process, as long as all the following applies:

1. The individual to be financially assessed has requested an early assessment or it has been requested by somebody legally authorised to make the request); and
2. Completing the financial assessment will not have a negative impact on their individual wellbeing (for example, causing anxiety); and
3. They are likely to have eligible needs; and
4. It is likely that a chargeable service will be provided (if a non-chargeable service is likely then a financial assessment is not required); and
5. Financial resources are not likely to change by the time that a service is provided.

It is not lawful for the Local Authority to charge an individual more than they can afford to pay.

However, it is also not lawful for an individual not to contribute if they can afford to do so (and the services received are chargeable).

During statutory reviews (and any other Care and Support process) you should therefore consider:

1. Whether there have been any changes in financial circumstances; and
2. Where there have been changes, whether the individual can still afford to make the financial contribution.

If there have been any changes, or you are concerned about the affordability of the contribution you should notify the team responsible for financial assessment who will be able to review the current contribution.

You should follow available local processes to request a financial assessment/reassessment.

See: Kent Adult Social Care & Health Documents and Templates - Finance and Charging section.

Delays in financial assessment must not cause delays in the meeting of eligible needs (or urgent needs).

If a financial assessment cannot be carried out in a timely way you should proceed to arrange for the required services and support to be provided as required.

If the delay is a result of you failing to request the financial assessment in a timely way it is your responsibility to explain:

1. The reasons for the delay; and
2. That a financial assessment will still be taking place; and
3. That if chargeable services begin before the assessment is completed, any contributions will be payable from the date that services start.

If the team responsible for financial assessment has responded to a request in a timely way they should contact the individual to explain this.

This section of the procedure should be used when the team responsible for financial assessment has notified you that:

1. An individual has been assessed as able to make a full contribution; and
2. A deferred payment agreement is not being made.

The individual will need to make a decision about the best way to arrange and manage the service they will receive from the options available to them.

There are normally 3 possible options:

1. The individual will arrange, manage and pay for their own services (self-funding);
2. They will manage and pay for their service directly but the Local Authority will make the initial arrangements; or
3. The Local Authority will arrange and manage the service on behalf of the individual and seek reimbursement from them for the full amount (full charge).

Reduced Options for People needing Care Home Provision

When requested to do so the Local Authority has a duty to arrange/manage services (options b) and c) above) for anyone making a full financial contribution unless:

1. A person with Care and Support needs requires residential or nursing care; and
2. They have capacity to make their own arrangements; or
3. They lack capacity but there is an appropriate person able to make the arrangements on their behalf.

In this situation the Local Authority does not have to arrange the service but may still choose to do so on a case by case basis if it would:

1. Be of benefit to the person; and
2. Reduce the risk of further support being required from the Local Authority in the future.

The Local Authority may charge an administration fee to arrange services if the person is:

1. Self funding; and
2. Does not require residential or nursing home provision.

The position of the Local Authority in respect of this will be set out in any local charging policy.

Your must support the individual to make a decision about the best way to arrange and manage the service they will receive. You should do this by:

1. Making sure they understand the options available to them;
2. Encouraging them to weigh up the risks and benefits of each available option.

As defined in the Care and Support statutory guidance, these are the things that you should try to encourage them to consider:

1. What their preferred option is;
2. What the impact on their individual wellbeing would be from the available options;
3. Whether the person lacks capacity to make decisions about Care and Support, and if so whether there is an appropriate person to do so on their behalf;
4. Whether the person is at risk of abuse or neglect;
5. Whether the person has complex needs, or needs that are likely to change (if so it may be beneficial for the Local Authority to arrange their service and maintain a statutory review function);
6. Whether the situation is unstable, or at risk of becoming unstable without support from the Local Authority; and
7. Whether the person's circumstances limit the options available to them (i.e. if they require residential or nursing home provision they may not be able to request support to arrange this).

The Advocacy Duty

If an independent advocate was appointed to support the individual to take part in previous Care and Support processes you must:

1. Consider whether they are likely to continue to require advocacy support; and
2. If so, ensure that it is provided.

If an advocate has not previously been required you should consider whether the duty to provide an advocate applies now.

See Using Independent Advocacy.

Anyone has the right to refuse to engage in a financial assessment process.

By refusing to engage in a financial assessment process the Local Authority is permitted under the Care Act to reach the conclusion that:

1. The individual has sufficient financial resources to pay for the full cost of their care; and
2. Seek a full financial contribution as such (through the courts if necessary).

If an individual informs you that they intend to refuse to engage in a financial assessment process you should:

1. Establish why they intend to refuse; and
2. If required, provide information about the process and purpose of financial assessment; and
3. Advise them of the legal implications of refusing an assessment; and
4. If they reaffirm their intention to refuse, explain that you must notify the team responsible for financial assessment.

You should then:

1. Request a financial assessment in the normal way; but
2. Also advise the team responsible for financial assessment of the individual's intention to refuse the assessment; so that
3. The team responsible for financial assessment can make a decision about how best to proceed.

The Local Authority has a legal duty to meet eligible needs and must not delay or decline to do this on the basis that an individual has declined to make financial contributions.

This means that:

1. You should proceed to arrange for the required services and support to be provided as required; and
2. The Local Authority should arrange to seek reimbursement of any monies owed to them (through the Courts if necessary).

The Local Authority has a legal duty to meet eligible needs and must not delay or decline to do this on the basis that the person/carer has declined to make financial contributions.

This means that:

1. You should proceed to arrange for the required services and support to be provided as required; or
2. Continue to provide any existing services; and
3. The Local Authority should arrange to seek reimbursement of any monies owed to them (through the Courts if necessary).

If an individual declines to make a contribution it is the responsibility of the assessor who carried out the financial assessment (or tried to carry out the financial assessment) to contact them and:

1. Establish why a contribution has not been made;
2. Assess any new evidence that suggests the assessed contribution may require review;
3. Make arrangements for the outstanding contributions to be paid; and
4. Ensure arrangements are in place for future contributions to be paid.

The assessor at the team responsible for financial assessment may ask you to support them to have the above conversations, especially if you have a good rapport with the individual.

Under the Care Act you must provide support to other professionals when requested (as part of the duty to co-operate) unless doing so would:

1. Prevent you from carrying out another duty under the Act; or
2. Put a person with Care and Support needs at risk of abuse and neglect.

It is not lawful for someone to deliberately deprive themselves of an asset for the purpose of avoiding making a financial contribution and, if an individual does so legal action can be taken under the Care Act to seek reimbursement.

Examples of possible deprivations include, but are not limited to:

1. Making a significant purchase that is out of character;
2. Transferring large amounts of money to another person;
3. Transferring the deeds of a property to a family member.

You must take action if:

1. An individual informs you of their intention to deprive themselves of an asset; or
2. You suspect that it is their intention to do so; and
3. The deprivation is, or appears to be for the purpose of avoiding making a financial contribution.

If it is clear what the intentions are you should:

1. Advise them that proceeding could be unlawful; and
2. Advise them of the possible legal and financial implications.

In all cases you must notify the team responsible for financial assessment, whose responsibility it is to make enquiries to satisfy themselves that a deprivation of assets has or has not occurred.