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 This means that certain parts of the care and support statutory guidance are out of date and in the process of being updated to reflect the relevant statutory changes.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.
Published 10 March 2016 Last updated 9 January 2023 +show all updates
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Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.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.
