Sutton Council has discretion about how it implements some areas of the Act, and it consulted about these areas with the public and users of adult social care services.

In the extensive three-month consultation on changes to adult social services brought about by the Care Act, residents broadly supported the council’s approach to applying the Act’s regulations and guidance concerning the charging and financial assessment of people using residential and nursing care services in the borough.

Just under two-thirds (65.1 per cent) of respondents agreed that Sutton Council should use the national eligibility criteria provided in the Act to access care and support for elderly people. While they said they would like the eligibility for services to be more generous as this would help more people, they understood that there were no additional funds available to do so.

On the basis of the consultation findings, the council’s Adult Social Services and Health Committee decided at a meeting on Wednesday 23 March:

• That the eligibility criteria used to access care and support should remain the same as required in the Care Act 2014;
• That deferred payment opportunities should be extended to owner occupiers moving to live in extra care or supported living schemes;
• That the council should recoup any administrative costs incurred in making arrangements for those people able to afford to meet all of their care and support costs;
• That the capital limits should remain the same as those set by the Government;
• That a maximum weekly capped charge should not be applied; and
• That Personal Independence Payments be subject to the same income disregards applied to Disability Living Allowance for charging purposes.

Cllr Colin Stears, Chair of the Adult Social Services and Health Committee at Sutton Council, said:

“We are very pleased with the response to the Care Act consultation from residents and I want to thank everyone who took part.

“The purpose of the proposals within the consultation was not for the council to benefit from any new charges introduced but to cover the cost of administering some of the new requirements under the Care Act 2014.

“The majority of respondents agree that the council is right to use the eligibility criteria provided in the Care Act, and following the consultation we have decided to continue to financially assess people living in residential care and nursing homes and to charge them according to their ability to pay.”

The consultation process included eight public meetings, an online survey, a direct mailshot to service users, and consultation packs sent to all current users of adult social care and all known carers. More than 490 people took part, with just under 40 per cent of respondents declaring themselves as carers.

Among the other key consultation findings were:

• 41.9 per cent of respondents agreed and 36.7 per cent disagreed that people living in care homes should still be charged for their accommodation and support. While some felt it was unjust that people should pay for residential and nursing care, others thought that those who could afford to pay should pay. Sutton Council collects £3.4m per year as income from people living in residential and nursing home care, and if it were to no longer levy a charge, there would be less available to pay for the services people need.

• The deferred payment scheme means that people should not be forced to sell their home in their lifetime to pay for their care. By taking out a deferred payment agreement, which is legally binding and registered with the Land Registry in the same way that mortgages are registered with banks, a person can ‘defer’ or delay paying the costs of their care and support until a later date, so they do not have to sell their home at a point of crisis. Of the respondents, 37.7 per cent agreed and 28.4 per cent disagreed that Sutton Council should use the interest rate set by the Government for setting up deferred payment agreements.

• 60.1 per cent of respondents agreed that the council was right to extend the use of deferred payments to help people moving into other types of accommodation that are not residential care homes, such as extra care housing, supported living accommodation and shared lives accommodation, where a person lives with a family that provides the person with care and support.

• More than three quarters (76.7 per cent) of respondents agreed that it was a good idea for the council to provide a choice of Direct Payment options, such as pre-payment cards that could be used to pay carers but would not allow people to spend unless they had money in their account.