Financial Assessment

1. Using this Procedure

This procedure has been written to support practitioners who are not responsible for carrying out the financial assessment process.

It will help them to provide information and advice about financial assessment, understand their responsibilities within the process and work effectively alongside the Social Services Financial Assessment Team responsible for carrying out assessments.

Although this procedure may be helpful to those based within the team responsible for financial assessment, it does not provide specific guidance about the process of carrying out a financial assessment, or of any other subsequent action that may be required. Anyone carrying out such actions should refer to the following as required:

• The Care and Support (Charging and Assessment of Resources) Regulations 2014;
• Care and Support Statutory Guidance.

There is also information in the 'Charging and Assessing Financial Resources' section of the Care Act 2014 Resource.

2. The Financial Assessment Process

Click here as required to access the 'Assessment of Financial Resources', which is a section of the wider Care Act 2014 area of this site containing information about the following:

1. The Purpose of a Financial Assessment;
2. General Principles of Financial Assessment;
3. When to complete a Financial Assessment (and when not to);
4. Methods of Financial Assessment;
5. Financial Assessment for people who lack Capacity or do not manage their own finances;
6. Financial Assessment of people in a Care Home;
7. Financial Assessment of people living in the Community or other Setting;
8. Financial Assessment of Carers;
9. Examples of what must be taken into account when carrying out a Financial Assessment;
10. Examples of what must be disregarded (or partially disregarded) when carrying out a Financial Assessment;
11. Deciding how much to Charge;
12. Communicating the Outcome of a Financial Assessment.

Note: All financial assessments must be completed in accordance with The Care and Support (Charging and Assessment of Resources) Regulations 2014.

3. The Local Financial Assessment Process

It is important that you have sufficient knowledge of both:

1. The financial assessment process used by the Local Authority; and
2. The local charging policy.

Click here to access the local Charging Policy.

If you do not understand the financial assessment process, or feel confident to provide information and advice to people about it you should speak to your line manager to identify any additional support needs you may have.

4. Charging and Top-Ups

Charging

Unless prevented from doing so under the Care Act, the Local Authority is permitted to charge for any Care and Support services that it provides. The services that the Local Authority must not charge for under the Care Act are:

• Intermediate care or reablement services for up to 6 weeks;
• Aids and minor adaptations up to the value of £1000;
• After-care services/support provided under section 117 of the Mental Health Act 1983;
• Any service provided to a person with a diagnosis of Creutzfeldt-Jacob Disease;
• Assessment, Care and Support Planning/Support Planning, Review or advocacy.

The Local Authority Charging Policy sets out how it exercises its power to charge for all other services. It is important that you understand this policy, as this will explain the circumstances when charges will not be made, or when decisions may be made to waiver a charge.

For further information about charging, see: Power of the Local Authority to Charge.

Top-Ups

A top-up charge is the difference between the cost of a care home or nursing placement and the personal budget amount.

Top-up charges only apply when there is already a suitable care home or nursing placement available within the personal budget amount, but the person (or their legal representative if they lack capacity) chooses a more expensive placement.

The only circumstance when a top up charge would not apply is if there is no suitable placement available within the personal budget amount. In this case, the Local Authority is required to increase the personal budget amount to the level needed to meet the cost of an available suitable placement.

In most cases the top-up charge cannot be paid by the individual and is payable by a third party (usually a family member). This is because the individual will already be making the maximum financial contribution payable under the Regulations.

For further guidance on top-ups, see: Choice of Accommodation and Topping Up.

5. Understanding the Possible Outcomes of Financial Assessment

There are 3 possible outcomes of a financial assessment:

1. The Local Authority will provide no financial support. In this case the individual is self-funding, meaning they must meet the full cost of Care and Support services;
2. The Local Authority will provide some financial support, but not enough to cover the full cost. In this case the individual will be required to contribute the difference; or
3. The Local Authority will provide full financial support. In this case the individual will not have to make any contribution.

Where a person with Care and Support needs has been assessed as liable to meet the full cost of their services, they may be eligible for a Deferred Payment agreement, and this should always be considered by the team responsible for financial assessment.

Click here to read more about deferred payments and when they may be offered.

6. Providing Information and Advice about Financial Assessment

Information and advice about the financial assessment process should be provided at the earliest opportunity. This is integral to an individual's consideration of how best to meet both immediate and future needs and people who have received good information and advice have a much better understanding of how their available resources can be used more flexibly to fund a wider range of care options.

Providing information and advice at an early stage also reduces the likelihood of disputes around financial contribution occurring.

The Care Act sets out the specific information and advice that must be provided about financial assessment. Click here to access it.

Note: When working with a carer it is important to let them know that Croydon will not carry out a financial assessment.

General Information and Advice

General information and advice about the financial assessment process should be provided whenever an individual requests it, or whenever you feel it would be beneficial.

When providing this information and advice, you should seek the support of your line manager or the team responsible for financial assessment as required.

The Social Services Financial Assessment Team can be contacted via SocialServices.SSFAT@Croydon.gov.uk. They also have a Charging Helpline for use by staff or residents between the hours of 9-5 Monday-Friday. The number is 020 8760 5676.

Frequently asked questions

Click here to access a tri.x practice resource that will answer some of the most commonly asked questions about financial assessment, including questions relating to Disabled Facilities Grants.

Specific information and advice

Although you should be able to provide general information and advice about the financial assessment process, you should not provide, nor attempt to provide financial advice relating to the specific financial circumstances of an individual.

Where such information or advice is required you must however take steps to ensure that the person has access to it, either:

1. From the Social Services Financial Assessment Team; or
2. From an independent financial advisor.

The Social Services Financial Assessment Team Charging Helpline is open from 9-5 Monday to Friday. The number is 0208 8760 5676.

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

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

Accessibility

When providing information and advice to a person with Care and Support needs (or a carer with Support needs), it must be given in a way that it can be understood and used. This is a legal requirement of the Care Act.

Click here to read more about how to provide information in an accessible way under the Care Act.

If you provide information and advice but feel that person/carer 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/carer 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/carer to understand and use the information.

7. Requesting a Financial Assessment

Remember: Croydon Council do not carry out financial assessments on carers.

When to request a financial assessment

If an early financial assessment has not already been completed (see below), a financial assessment must be requested when all the following applies:

1. The individual has eligible needs (or urgent needs that the Local Authority intends to meet); and
2. The individual is ordinarily resident in the Local Authority area (or present with no settled residence); and
3. The services to be provided are chargeable; and
4. The Local Authority Charging Policy is to charge for that service.

Early financial assessments

Under the Care Act it is possible to complete a financial assessment before the points above have been established, if all the following apply:

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 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 the service is provided.

Financial reassessment

During statutory reviews (and any other Care and Support process) you should consider whether there have been any changes in the individual’s financial circumstances that may have an impact on their ability to make a financial contribution.

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

It is unlawful for the Local Authority to charge an individual more than they can afford to pay, but it is also unlawful for an individual not to contribute to the cost of chargeable services if they can afford to do so.

How to request a financial assessment

Step 1

Provide support as required to help the person complete as much of the Financial Assessment Form as possible.

If the person does not normally manage their own finances you can complete the form with a nominated person of their choosing, as long as they have capacity to provide this consent.

If the person lacks capacity to manage their finances the form should be completed with someone who has the legal authority to access financial information (for example an Appointee, Lasting Power of Attorney or Deputy appointed by the Court of Protection).

If the person lacks capacity and there is nobody legally authorised to access their financial information, a decision can be made in their best interests about who can complete the form. For example, if there is a suitable person known to be supporting them with their finances in a non-legal capacity (in this situation that person should be encouraged to apply for Deputyship at the Court of Protection). However, if there is no suitable person legal advice should be sought about the possible need for the Local Authority to apply to the Court of Protection for Deputyship.

Step 2

Scan the completed Financial Assessment Form, along with any associated documents.

Step 3

Send a system alert to the Social Services Financial Assessment Team and also email them, using SocialServices.SSFAT@Croydon.gov.uk. Place a hard copy of documents scanned into the team's in-tray where necessary (having full regard for the protection of confidentiality).

The above process does not apply in the following circumstances:

1. The person or other suitable person wishes to complete the form without support;
2. The person or other suitable person needs to gather further information in order to finish completing the form.

In either of these situations the form should be left with the person or other suitable person to complete and post directly to the Social Services Financial Assessment Team (using the addressed envelope provided with the form).

Upon return to the office you should send a system alert to the Social Services Financial Assessment Team and email them to advise that the Financial Assessment Form has been left with the person or other suitable person.

The Social Services Financial Assessment Team will then monitor when the Financial Assessment Form is completed and contact the person or other suitable person as necessary.

If the person refuses to complete the Financial Assessment Form follow guidance set out in the 'Refusing a Financial Assessment' section of this procedure.

8. Recording the Outcome and Notifying Others

Notification

The assessor at the Social Services Financial Assessment Team should notify you of:

1. The outcome of the financial assessment; and
2. The date that financial contributions should start (if this is not the date the Care and Support services start); and
3. If the person has been assessed as able to make a full contribution, whether a deferred payment agreement is to be made.

Recording a Financial Contribution

Following a financial assessment the contribution that the person has been assessed to make must be clearly recorded:

1. On the person's Care and Support Plan;
2. On internal financial contribution recording systems.

The start date for any financial contribution should correspond with the start date for the associated Care and Support services unless a decision has been made otherwise through the financial assessment process.

Notifying the person of the outcome

The person should be notified of the outcome by the assessor at the Social Services Financial Assessment Team who carried it out. This should be done as close to the time that the outcome is decided as possible.

If the person is unhappy about the outcome

If a person tells you they are not happy with the outcome of any financial assessment process you should establish if they have been in contact with the assessor at the Social Services Financial Assessment Team about the matter.

If the person has not yet contacted the assessor you should:

1. Recommend that they do so, on the basis that the assessor is best placed to discuss the information upon which a decision was made; or
2. Contact the assessor and request they make contact with the person to discuss their concerns; but
3. If they do not wish to/feel able to speak with the assessor, make contact with the assessor yourself to establish the rationale for the decision made; and
4. Provide information to the person to support their understanding of the decision.

If the person remains unhappy with the outcome you should advise them of their right to complain about it.

People can be directed to the Croydon Council website for information about the adult social care complaints process.

Click here to read the complaints policy and procedure.

9. Delays in Financial Assessment

The impact of delays on services

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.

Roles when there is a delay

It is your responsibility to explain to the person (or their representative):

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; when
4. You did not request the financial assessment in a timely way.

It is the responsibility of the Social Services Financial Assessment Team to contact the person (or their representative) and explain:

1. The reasons for the delay;
2. When a financial assessment may take place; and
3. That if chargeable services begin before the assessment is completed, any contributions will be payable from the date that services start; when
4. The Social Services Financial Assessment Team has not been able to respond to the financial assessment request in a timely way; unless
5. The person has contacted you directly about the delay, in which case you should take steps to establish and provide this information to them.

10. Supporting People who need to make a full Contribution

Using this section of the procedure

This section of the procedure should be used when the Social Services Financial Assessment Team has notified you that:

1. A person with Care and Support needs has been assessed as able to make a full contribution; and
2. A deferred payment agreement is not being made.

The decision to be made

The person 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.

The options available

There are normally 3 possible options:

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

Reduced Options for People needing Care Home Provision

The Local Authority has a duty to arrange Care and Support services (options a) and b) above) for anyone making a full financial contribution that requests this unless:

1. The person requires residential or nursing care; and
2. The person has capacity to make their own arrangements; or
3. The person lacks 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.

Click here to access the local Charging Policy, which should explain the local position on arranging residential services for people who are self funding.

Charging to arrange services

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.

Click here to access the local Charging Policy, which should explain the local provision for charging to arrange non-residential services.

Supporting the person to make a decision

Your must support the person 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 a person 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 person's 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 person to take part in previous Care and Support processes you must:

1. Consider whether the person is 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.

Click here for information about the advocacy duty.

When the decision is made

11. Third Party Contribution Agreements (Top-Ups)

Click here to access information about Third Party Contributions (top-ups), including when a top up is payable, who can pay a top-up, how top-ups should be paid and what should be included in a top-up agreement.

12. Contributions when the Service is not Provided

If an individual is making a financial contribution, you must notify the team responsible for charging if you are aware that a service has not been provided or received (either one-off or over a period of time).

You must therefore notify the Social Services Financial Assessment Team if you are aware that:

1. A person has not received a service (either one-off or over a period of time); and
2. They have made a financial contribution during that period.

The Social Services Financial Assessment Team will then determine whether:

1. The person is entitled to any reimbursement of monies paid; or
2. Whether a review of their regular financial contribution is required.

The Social Services Financial Assessment Team can be contacted via SocialServices.SSFAT@Croydon.gov.uk.

13. When Chargeable Services End

You must notify the Social Services Financial Assessment Team as soon as possible whenever all chargeable services are no longer required or being provided.

The Social Services Financial Assessment Team can be contacted via SocialServices.SSFAT@Croydon.gov.uk.

You must also update the person's Care and Support Plan.

14. Changes to the Personal Budget or Chargeable Services

You must notify the Social Services Financial Assessment Team whenever:

1. There is a change to chargeable Care and Support services; and
2. There is also a change to the Personal Budget amount (increase or reduction).

You do not need to notify the Social Services Financial Assessment Team when:

1. There is a change to Care and Support services; and
2. There is no change to the Personal Budget amount.

The Social Services Financial Assessment Team can be contacted via SocialServices.SSFAT@Croydon.gov.uk.

Any changes to the person's financial contribution must be clearly recorded on:

1. The person's Care and Support Plan; and
2. Internal financial contribution recording systems.

The start date for any financial contribution should correspond with the start date for the associated Care and Support services unless a decision has been made otherwise through a financial reassessment process.

15. Refusing a Financial Assessment and Deprivation of Assets

Refusing a financial assessment

Sometimes an individual (or their legal representative if they lack capacity) will refuse to engage in or co-operate with the financial assessment process.

Implications for refusal

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 person 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).

Notification of intended refusal

If a person 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 Social Services Financial Assessment Team.

You should then:

1. Request a financial assessment in the normal way; but
2. Also advise the Social Services Financial Assessment Team of the person's intention to refuse the assessment; so that
3. The Social Services Financial Assessment Team can make a decision about how best to proceed.

The impact on services

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 has refused to engage in a financial assessment.

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).

16. Declining to make Contributions

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 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).

The role of the Social Services Financial Assessment Team

If a person/carer 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 provided by the person 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.

Your role

The assessor at the Social Services Financial Assessment Team may ask you to support them to have the above conversations, especially if you have a good rapport with the person.

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 the person at risk of abuse and neglect.

Deprivation of Assets

Sometimes an individual will intentionally deprive themselves of an asset they have or an income they receive in order to minimise the financial contribution they make to their Care and Support services.

This practice is not lawful, and the Local Authority can take legal action 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.

For further information see: Deprivation of Assets and Enforcement of Debts.

If you know or suspect that a deprivation of assets is going to or has already occurred you must notify the team responsible for financial assessment, whose responsibility it is to make enquiries to establish whether this is the case and, if so, determine what legal action to take.

Note: Whether or not an individual is suspected of or found to have deprived themselves of an asset or income to avoid Care and Support charges this should not affect the provision of the Care and Support service they receive from the Local Authority.

In all cases you must notify the Social Services Financial Assessment Team, whose responsibility it is to make enquiries to satisfy themselves that a deprivation of assets has or has not occurred.

17. Financial Contribution Waivers

Any view you have about the person's inability to afford to make a contribution should:

1. Be evidence based; and
2. Be based on information not previously considered by the Social Services Financial Assessment Team.

(Evidence could include information about Disability Related Expenses that the person failed to declare to the assessor).

In the first instance you should discuss your evidence with the assessor who carried out the financial assessment. They will decide whether or not, on the basis of this:

1. The original assessment should be reviewed; or
2. The original assessment stands.

If the assessor decides that the original assessment stands (either straight away or following review) you should only take further action if you believe that the assessor has not taken into account the new evidence that you provided.

If you believe this to be so you should:

1. Discuss this with your line manager; and
2. Agree whether a waiver request should or should not be submitted.

Click here to access the local Charging Policy, which should explain the circumstances when a contribution waiver may and may not be considered.