Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what steps he is taking to ensure that care home residents can obtain information and advice before they agree to pay a top-up fee for care home accommodation, in accordance with choice of accommodation regulations under the Care Act 2014; and what guidance he is giving to local authorities on their role in providing such information and advice.

The Care and Support Statutory Guidance to local authorities was issued in October. Annex A of the Guidance sets out what local authorities are expected to do under the Care Act 2014 regarding choice of accommodation, including top-up payments. Specific guidance on information and advice about this is contained in paragraphs 51 and 52 of the Guidance.

Under section 4 of the Care Act 2014 a local authority must establish and maintain a service for providing people in its area with information and advice in relation to care and support. Local authorities should facilitate access to financial information and advice provided independently of the local authority to support people in making informed financial decisions.

Where a ‘top-up’ arrangement is being considered a local authority must provide the person who plans to make the payment with sufficient information and advice to help them understand their responsibilities, liabilities and the consequences if the arrangement breaks down, before they enter into a top-up agreement.