This advice applies across the UK.
Social services can charge for care provided to an adult over 18. How much it charges will depend on an income and capital assessment, and the legislation varies across the UK.
In this article
Advice for England
Under the Care Act, social services can charge for care provided to an adult over 18. How much it charges will depend on an income and capital assessment. However it is your child’s income and capital the local authority assesses, not yours.
A local authority has some local flexibility, but it must follow national guidelines. Your local authority’s financial assessment policy should be on their website.
Income assessment
The local authority assesses your child’s income. When carrying out this assessment, it counts some forms of income but ignores others.
Any earnings you get from working do not count as income in the financial assessment. Most benefits count as income. However, the mobility component of Personal Independence Payment (PIP) does NOT count as income.
If the local authority takes the daily living component of PIP into account, it must also assess your child’s “disability-related expenditure” (DRE). These are the costs that arise as a result of your child’s disability. The amount the local authority charges your child for services should leave them with enough to cover these costs.
DRE can include:
- Special clothing and footwear.
- Communication equipment, such as internet and tablets if used for wellbeing or monitoring.
- Extra costs for bedding and continence aids, special dietary needs as well as above average heating, washing and water costs.
- Taxis, when public transport is not accessible, and private therapies can also count.
Some local authorities use a set amount for DRE so they don’t need to ask intrusive questions. You can challenge this set amount if it does not reflect your real costs.
Capital limits
There are limits to how much capital you can have. Savings and certain other financial assets of between £14,250 and £23,250 will be treated as generating extra income. This is included in the financial assessment. Capital over £23,250 results in having to pay the full cost of care services.
Some capital can be disregarded. Contact our helpline or seek advice from a local advice service for disabled people. You can search for local advisers by using the Turn2Us find an adviser tool.
How much your child will pay
The local authority will work out a minimum income someone must have left after paying for social care. (The amount you’re left to cover DRE, if applicable, is on top of this income). This, alongside the income and capital assessments, will determine how much the local authority can charge.
The government sets out “minimum income guarantee” (MIG) rates. The local authority can allow people to keep more of their income if they wish, but the MIG is the lowest amount allowed. Broadly, this is Income Support rates + 25%. For example, a single person under 25 who gets the enhanced daily living component of PIP should have a minimum income of £160.30 per week after paying for social care.
Tips when taking part in a financial assessment
- The financial department of your local authority will usually do the assessment. It won’t be the social care professional who did the needs assessment. The financial assessment might be via email, over the phone or at your home.
- Have proof of your child’s benefits, savings accounts and any other capital to hand. If DRE will be part of the calculation, have a list and proof.
- Be clear about the reasons your child needs things you think count as DRE.
- You might find the Care Act statutory guidance, section eight, on Charging and financial assessment useful.
Challenging a decision
If you’re not happy with the outcome of a financial assessment, ask for a copy.
If your child’s DRE have not been accepted, ask for an explanation. Also try to get extra evidence. For example, a health care professional might be able to explain why your child needs the goods and services you have included as DREs.
If you need to take things further, you can make a complaint.
Advice for Northern Ireland
Your Health and Social Care Trust can choose whether to charge when they provide your child with social care services. Trusts have generally chosen not to charge for services when someone lives at home.
If they do charge, they must carry out a financial assessment. This will determine whether a child should pay towards services. Income and capital are treated in a similar way to the system in England (see above). The local authority should not include disability benefits as income in the assessment.
Any charges must be “reasonable”. And if you are unhappy with a charging decision, you have the right to complain.
The Health and Personal Social Services (Assessment of resources) Regs 1993 sets out the law on this.
See more information on nidirect.
Advice for Scotland
Your local authority cannot charge for personal care if they provide or arrange it. Personal care includes personal support, continence management, support with mobility difficulties, counselling and psychological support, prompting and safety devices, as well as broad provision for food and diet.
Local authorities can charge for non-personal care, such as activities like housework and shopping. If they decide to charge, they must carry out a financial assessment. They should have their policy on their website.
Each year the Scottish Government uprates minimum charging thresholds. This is the income your child should have left after paying for non-personal care services. The threshold for a single person is £167 per week.
mygov.scot has information on personal and nursing care costs and adult social care.
The Community Care and Health (Scotland) Act 2002 sets out the law.
Advice for Wales
Local authorities have discretion to charge for services, but can be more generous than the law demands. They must carry out a financial assessment if they decide to charge. The charging policy should be on your local authority’s website.
The local authority will assess the young person’s income and savings, not their parents’. Income and capital are treated in a similar way to the system in England (see above). There is a maximum weekly charge of £100 for non-residential care and support.
Adults, including young adults, can keep a minimum amount of their income. This should leave your child with an income at least 35%, plus an extra 10% for disability-related expenses, above the basic rate of Income Support or Employment and Support Allowance.
To get local authority funding, there is an upper limit of £24,000 of savings or capital.
If you disagree with a charging decision, you can ask for a review.
Law Wales explains the Welsh Law on care and support for adults and children and includes links to the legislation.
You can find legislation at Social Services and Well-being (Wales) Act 201 Part 4 and 5 (Charging and Financial Assessment)
Social Services and Well-being (Wales) Act 2014 Part 4 and 5 Code of Practice (Charging and Financial Assessment) sets out how local authorities should put the law into practice.
See law.gov.wales for more information on social care services.
If your child has had a financial assessment and their benefits or capital change (UK)
You or your child need to tell social services about any change in their income or capital as soon as you can.
If your child starts to get Universal Credit, or the extra Limited Capability for Work and Work Related Activity amount in their Universal Credit, their income will increase.
An increase in benefits might result in an increase in the amount they have to pay towards social care. If benefits have increased, the resultant increase in the charge for social care is likely to be backdated to the date that benefits went up.