Long title | An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and make provision about Health Education England; to establish and make provision about the Health Research Authority; to make provision about integrating care and support with health services; and for connected purposes |
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Citation | 2014 c. 23 |
Introduced by | Frederick Curzon, 7th Earl Howe 9 May 2013 [1] |
Territorial extent | England, Wales, Scotland and Northern Ireland |
Dates | |
Royal assent | 14 May 2014 [2] |
Commencement | 7 July 2014, 15 July 2014 and 1 October 2014 [3] |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted |
The Care Act 2014 is an Act of the Parliament of the United Kingdom that received royal assent on 14 May 2014, after being introduced on 9 May 2013. [1] [2] The main purpose of the act was to overhaul the existing 60-year-old legislation regarding social care in England. The Care Act 2014 sets out in one place, local authorities’ duties in relation to assessing people's needs and their eligibility for publicly funded care and support. [4]
The Act received the consensus of the three main political parties in the UK during its passage through parliament. The Act was implemented following substantial public consultation but was criticised for some of the funding reforms included within the Act. [5]
The Act was unusual in respect of being one of the few Acts to have started its progress in the House of Lords rather than the House of Commons. [5]
The Care Act is a lengthy act (129 clauses in the main part of the Act) addressing many issues: from a review of the public consultation 107 recommendations were made of which many were adopted. [6] However some of the major changes are: [5]
Regulations made under the Care Act specify that a permanent resident of a care home is not eligible for local authority financial assistance if they have capital exceeding £23,250 in value. [8] This limit still applies in 2019. [9]
Sections 15-16 (not yet implemented) specify that local authorities may not charge more in total for meeting eligible care needs than a specified amount which is to be reviewed annually. [10] Once the cap is reached, any further social care needed by the individual is to be provided free of charge. The cap on care costs was due to be in effect from April 2016, but this was delayed to April 2020, [11] by an announcement by Alistair Burt, the Minister of State for Care and Support, on 17 July 2015. [12] The introduction of the cap had been passed into law as part of the Care Act 2014 during the Coalition government, and implementation of this part of the law from 2016 onwards had been accepted by all main political parties during the general election of 2015.
During the COVID-19 Pandemic, Emergency legislation was introduced by the government known as the Adult Social Care Action Plan. It has four main goals which aimed to reduce the impact of COVID-19 on the Adult Social Care sector. Section 4.6 and 4.7 of the Adult Social Care Action Plan states how The Coronavirus Act 2020 amends the Care Act 2014. [13] This means that the legal duties outlined in the Care Act 2014 do not have to be fulfilled during the pandemic. Mencap, a leading charity for people with learning disabilities found that 69% of people with learning disabilities who participated in their survey had their care reduced or removed altogether. [14] Through overruling the agreed outcomes through individuals agreed care plans thousands of disabled people are going without their care as a direct result to policy changes.
In the United States, Medicaid is a government program that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a significant portion of their funding.
Medicare is the publicly funded universal health care insurance scheme in Australia operated by the nation's social security agency, Services Australia. The scheme either partially or fully covers the cost of most health care, with services being delivered by state and territory governments or private enterprises. All Australian citizens and permanent residents are eligible to enrol in Medicare, as well as international visitors from 11 countries that have reciprocal agreements for medically necessary treatment.
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The National Institute for Health and Care Excellence (NICE) is an executive non-departmental public body, in England, of the Department of Health and Social Care, that publishes guidelines in four areas:
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
Web accessibility, or eAccessibility, is the inclusive practice of ensuring there are no barriers that prevent interaction with, or access to, websites on the World Wide Web by people with physical disabilities, situational disabilities, and socio-economic restrictions on bandwidth and speed. When sites are correctly designed, developed and edited, more users have equal access to information and functionality.
The Royal Mencap Society is a charity based in the United Kingdom that works with people with learning disabilities. Its Charity Number is 222377.
The Mental Welfare Commission for Scotland is a non-departmental public body, responsible for safeguarding the rights and welfare of people in Scotland with a learning disability, mental illness or other mental disorder. The Commission was original established by the Mental Health (Scotland) Act 1960.
The Learning and Skills Act 2000 is an Act of the Parliament of the United Kingdom. It made changes in the funding and administration of further education, and of work-based learning for young people, within England and Wales.
In UK public law, the duty of candour is the duty imposed on a public authority 'not to seek to win [a] litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration'. Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston stated that public servants should be willing 'to explain fully what has occurred and why'.
Carers' rights are rights of unpaid carers or caregivers to public recognition and assistance in preventing and alleviating problems arising from caring for relatives or friends with disabilities. The carers' rights movement draws attention to issues of low income, social exclusion, damage to mental and physical health identified by research into unpaid caregiving. In social policy and campaigning the movement distinguishes such people's situation from that of paid careworkers, who in most developed countries have the benefit of legal employment protection and rights at work. With an increasingly ageing population in all developed societies, the role of carer has been increasingly recognized as an important one, both functionally and economically. Many organizations which provide support for persons with disabilities have developed various forms of support for carers/caregivers as well.
In England, social care is defined as the provision of social work, personal care, protection or social support services to children or adults in need or at risk, or adults with needs arising from illness, disability, old age or poverty. The main legal definitions flow from the National Health Service and Community Care Act 1990, with other provisions covering disability and responsibilities to informal carers. That provision may have one or more of the following aims: to protect people who use care services from abuse or neglect, to prevent deterioration of or promote physical or mental health, to promote independence and social inclusion, to improve opportunities and life chances, to strengthen families and to protect human rights in relation to people's social needs.
No Secrets, also known coequally as Adult Safeguarding, was a UK Government publication from the Department of Health which provided guidance on developing and implementing multi-agency policies and procedures to protect adults deemed "at risk" from harm and/or abuse. Its full title was "No secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse". It has now been replaced by statutory guidance issued under the Care Act 2014.
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors, referendums and the "Local authority’s general power of competence" which states "A local authority has power to do anything that individuals generally may do".
The Social Fund in the UK was a form of welfare benefit provision payable for exceptional or intermittent needs, in addition to regular payments such as Jobseeker's Allowance or Income Support.
The National Disability Insurance Scheme (NDIS) is a scheme of the Australian Government that funds all costs associated with disability. The scheme was legislated in 2013 and rolled out across all states and territories over in the period until in 2020. Its introduction followed the Make It Real community campaign which involved community forums and large-scale rallies. The scheme is administered by the National Disability Insurance Agency (NDIA) and regulated by the NDIS Quality and Safeguards Commission. The scheme is overseen by the minister for the National Disability Insurance Scheme.
The Welfare Reform Act 2012 is an Act of Parliament in the United Kingdom which makes changes to the rules concerning a number of benefits offered within the British social security system. It was enacted by the Parliament of the United Kingdom on 8 March 2012.
For many elderly carers of a relative who has a learning or other disability, future planning is an issue. The population of older parents who have children with a learning disability is growing and many of their children are likely to outlive them. In many cases the caring role can span up to seven decades, ending only with their death. Governments and other service providers cannot ignore the pressing needs of this population and their parent and sibling carers. In most countries, family carers provide inexpensive care for a person with a learning disability and other disabilities. This trend is set to continue in England. Demographic changes and the health needs of these two growing populations must be considered against government policy constraints and limited in-home and external care options in order to avoid a crisis. The consequences of not supporting these family carers will lead to crisis management, increase in distress and care giving burdens, and increased spending on unsuitable crisis placements. Housing and financial guidance are issues for caregivers.
The Canada Assistance Plan (CAP) was a financing program created in 1966 by the Pearson government. The CAP consisted of a cost-sharing arrangement between the federal government and provinces, territories and municipalities whereby the federal government would partially fund eligible social programs.
The Health and Care Act 2022 is an act of the Parliament of the United Kingdom, which was created to dismantle many of the structures established by the Health and Social Care Act 2012. Many of the proposals were drafted under the leadership of Simon Stevens and are intended to reinforce the ambitions of the NHS Long Term Plan.