The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2025

These regulations, effective April 6, 2025, amend the 2014 Care and Support (Charging and Assessment of Resources) Regulations for England and Wales.

The amendments increase several financial thresholds related to personal expenses and minimum guaranteed income amounts for individuals receiving care.

These changes affect both those in care homes and those receiving care outside of care homes, impacting how local authorities calculate individual contributions towards their care costs.

Arguments For

  • Increased financial support for care recipients: The regulation increases several financial thresholds, providing more financial security for individuals receiving care.

  • Alignment with inflation/cost of living: The increases in allowances are likely intended to account for inflation and the rising cost of living, ensuring that the thresholds remain relevant and effective.

  • Improved access to care: By increasing the minimum income amounts, more people might be able to afford care, leading to improved access to vital services.

  • Legal basis in the Care Act 2014: These amendments operate under the powers granted by sections 14(7), 17(7), (11), (12), and 125(7) of the Care Act 2014, providing a strong legal foundation for the changes.

Arguments Against

  • Potential for increased government expenditure: Higher allowances may result in increased costs for local authorities and the government, impacting budgets and other social programs.

  • Limited impact on overall care affordability: The amendments only adjust certain specified figures, so the overall affordability of care services for many individuals might not significantly improve.

  • Administrative burden: Updating systems and processes to reflect the changed figures may require additional administrative effort for local authorities.

  • Lack of a full impact assessment: The explanatory note states that no full impact assessment was conducted due to the lack of foreseen significant impact, which may lead to unforeseen consequences.

  1. Citation, commencement and extent (1) These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2025. (2) These Regulations come into force on 6th April 2025. (3) These Regulations extend to England and Wales.
  1. Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014 (1) The Care and Support (Charging and Assessment of Resources) Regulations 2014 are amended as follows. (2) In regulation 6 (personal expenses allowance for residents or temporary residents provided with accommodation in a care home) for “£30.15” substitute “£30.65”. (3) In regulation 7 (minimum income guaranteed amount for other adults and carers whose needs are being met otherwise than by the provision of accommodation in a care home)— (a) in paragraph (1)(b) for “£101.25” substitute “£102.95”; (b) in paragraph (2)— (i) in sub-paragraph (a) for “£87.65” substitute “£89.15”; (ii) in sub-paragraph (b) for “£110.60” substitute “£112.50”; (iii) in sub-paragraph (c) for “£228.70” substitute “£232.60”; (c) in paragraph (3) for “£110.60” substitute “£112.50”; (d) in paragraph (4)— (i) in sub-paragraph (a) for “£86.85” substitute “£88.35”; (ii) in sub-paragraph (b) for “£174.60” substitute “£177.55”; (e) in paragraph (5)— (i) in sub-paragraph (a) for “£48.80” substitute “£49.65”; (ii) in sub-paragraph (b) for “£23.85” substitute “£24.25”; (f) in paragraph (6)— (i) in sub-paragraph (a) for “£34.80” substitute “£35.40”; (ii) in sub-paragraph (b) for “£17.15” substitute “£17.45”; and (g) in paragraph (7) for “£52.35” substitute “£53.25”. (4) In Schedule 1, Part 1, paragraph 40 (sums to be disregarded in the calculation of income)— (a) for “£6.95”, wherever it occurs, substitute “£7.05”; and (b) for “£10.40”, wherever it occurs, substitute “£10.60”.

Signed by authority of the Secretary of State for Health and Social Care Stephen Kinnock Minister of State Department of Health and Social Care 20th February 2025

Explanatory Note (This note is not part of the Regulations) These Regulations amend the Care and Support (Charging and Assessment of Resources) Regulations 2014 (S.I. 2014/2672) (“the 2014 Regulations”). The 2014 Regulations set out how local authorities calculate the amounts individuals can be required to contribute towards their care. These Regulations increase some of the figures specified in the 2014 Regulations. When a local authority calculates an individual’s contribution from their income towards the cost of their care, the individual should be left with a minimum weekly amount depending on their circumstances. A local authority is not permitted to charge an individual for meeting their needs if, after the deduction of the individual’s contribution, the individual’s income would fall below these weekly amounts. These amounts are set out in regulations 6 and 7 of the 2014 Regulations. For those in a care home, this amount is the personal expenses allowance. Regulation 2(2) amends regulation 6 of the 2014 Regulations. For those not in a care home, these are the minimum income guaranteed amounts, which vary according to the circumstances of the individual. Regulation 2(3) amends regulation 7 of the 2014 Regulations. Regulation 2(4) amends the figures set out in paragraph 40 of Schedule 1 to the 2014 Regulations. This paragraph provides for the disregarding of certain sums for those receiving savings credit under the State Pension Credit Act 2002 when a local authority is calculating an individual’s income for the purposes of establishing how much they can afford to contribute towards their care. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.