GovWire

Amended 'List of changes made to the Care Act guidance' to note that, following an announcement by the Chancellor of the Exchequer, the planned adult social care charging reforms, which were inherited from the previous government, will not be taken forward in October 2025.

Updated the attachment 'DHSCs position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case' following the Worcestershire judgement.

Updated to reflect new capital and income disregards, and to clarify the position around occupational pensions, personal pensions or retirement annuities paid to a spouse or civil partner.

Updated to reflect a change in DHSCs position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case.

Updated paragraph 17.73 of the care and support statutory guidance to make clear that Section 72 (the introduction of an appeals system for reviewing care and support decisions made by local authorities) remains under review.

Email address added to chapter 19 for ordinary residence referrals to the Secretary of State.

Amendments were made to paragraphs 3.41,12.47 and 16.52 of the guidance, and Chapter 23 was deleted, as a result of an announcement in the governments Autumn Statement 2022 that the planned adult social care charging reforms are now delayed until October 2025.

Updated 'DHSCs position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that the Supreme Court has granted Worcestershire County Council's application for an appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.

Updated 'List of changes made to the Care Act guidance' to say that chapter 23 was fully replaced on 15 June 2022.

Following public consultation, we've entirely updated chapter 23 in this guidance. This is to remove references to parts of the Care Act 2014 which have already been implemented and to update the charging reform section which is yet to be implemented.

Updated 'DHSCs position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note the judgment from the Court of Appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

Updated 'DHSCs position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that permission to appeal has been granted by the Court of Appeal.

Updated 'DHSCs position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' following the High Court judgment in R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council. The update confirms DHSC's position.

Added a document to clarify the status of the care and support statutory guidance pending the outcome of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council.

Paragraph 33(g) of Annex B (treatment of capital) has been updated. Added point xv, which states that any payment made to a former child migrant as part of the government scheme established for the former British child migrants should be disregarded when calculating how much capital should be taken into account.

Updates made to chapter 19 'ordinary residence': removed references to determinations that had been stayed pending the outcome of Cornwall. Clarifications have been made about the process of seeking an ordinary residence determination, and a review of an ordinary residence

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