June 19th, 2023 by James Goudie KC

Part 1 of the Care Act 2014 relates to Care and Support. Section 1 sets out general responsibilities of local authorities. Sections 14-17 inc are concerned with charging and assessing financial resources. Section 14 gives authorities a power to charge. It provides for Regulations. They are the Care and Support ( Charging and Assessment of Resources ) Regulations 2014, S.I. 2014/2672. The Regulations are supplemented by Statutory Guidance. DRE is excluded from the assessment. In RW v WINDSOR & MAIDENHEAD RBC ( 2023 ) EWHC 1449 ( Admin ) the Court rules that group activities forming part of a vulnerable adult’s care plan, namely attending a local social and life skills support group, were DRE. The costs were (1) disability – related, (2) necessarily and reasonably incurred and proportionate, and (3) for care and support.

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