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The Care Act 2014 provides a framework for charging for care and support. It enables a local authority to decide whether to charge a person when it is arranging to meet a person’s care and support needs. Where the authority does charge, it should ensure that people should only be required to pay what they can afford and must follow the Care and Support (Charging and Assessment of Resources) regulations 2014.
In order to determine what a person can afford to pay the local authority must undertake a financial assessment. Under criteria specified in the General Data Protection Regulations that states that Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, if full and accurate financial information to enable the undertaking of a financial assessment is not provided, we will interrogate any systems we have legal access to in order to attempt to gain the relevant financial information.
Sections 34-36 of The Care Act and the Care and Support (Deferred Payments Agreements) regulations 2014 means that people should not have to sell their home in their lifetime to pay for care. Local authorities must offer them to people who meet the criteria.
The Court of Protection makes decisions and appoints Deputies to make decisions in the best interests of those who lack capacity. In becoming a Deputy, the local authority must have regard to The Code of Practice under The Mental Capacity Act 2005
Under the Public Health (Control of Diseases) Act 1984, the local authority has a statutory duty to make arrangements for the funeral of any person who has died or is found dead in the borough of Dudley, where it appears that no suitable funeral arrangements have been made, or are being made.