Care and support statutory guidance is currently under review
The Health and Care Act 2022 revoked Schedule 3 and amended Section 74 of the Care Act 2014 on 1 July 2022. This means that certain parts of the Care and support statutory guidance are out of date and in the process of being updated to reflect the relevant statutory changes.
This edition was published on 10 March 2016 and supersedes the version issued in October 2014. It takes account of regulatory changes as well as feedback from stakeholders and the care sector.
It now includes updated information on the transition to the new legal framework, necessary for implementing social care charging reforms in 2023.
Published 10 March 2016 Last updated 2 September 2022 +show all updates
Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.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 determination.
