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- What is Capital Depletion?
- What if the service I have chosen charges more than the Council would usually pay?
- The Legal Information
- More Information and Useful Links
What is Capital Depletion?
People who have capital assets over the maximum amount set by government have to pay for care services in most instances. For more information about paying for care please see the paying for care page.
When an individual who is paying for care services with their capital assets has reached the national maximum threshold (currently £23,250) it may be that Wiltshire Council will need to start paying for care and support services required to meet an individual’s eligible care needs.
If you are paying for care in a residential/nursing care home or for a care at home service you should contact the Council to request an assessment. The Council will assess your care and support needs against the national criteria set by government. If you have assets above the maximum threshold you will be required to pay for your care however the Council will always provide you with information and advice about what services are available to you within your community. For more information about assessments visit the assessment of need page.
What if the service I have chosen charges more than the Council would usually pay?
The council will assess your care and support needs but you should appreciate that it will not necessarily pay for your current service and may pay for your needs to be met in another care or nursing home or by an alternative provider. One matter it will take into account is whether your current accommodation or service is more expensive than the council would usually expect to pay in order to meet your assessed needs.
You will always be offered at least one (and usually more) service that will meet your eligible needs where you will not be asked to top up. A top up is where a third party or in some very limited circumstances you pay the difference between what the Council would reasonably expect to pay and the rate charged by your chosen service. For information about top ups visit Third Party Top Ups.
The Legal Information
The legal position is as follows. If the council decides to provide you with a service to meet eligible care or support needs you can tell it that you want to be in a particular care/nursing home or care at home provider, in which case the council must arrange this if:
- your preferred accommodation appears to the council to be suitable to meet your assessed needs and
- the cost of your preferred accommodation/service would not require the council to pay more than it would usually expect to pay having regard to your assessed needs and
- your preferred accommodation/service is available and
- those in charge of your preferred accommodation will provide it subject to the council’s usual terms and conditions
The council will also take into account your human rights; in particular whether it would be proportionate to expect you to move into another care/nursing or service even though, for example, your current accommodation costs more than it would usually pay. For this purpose it will balance the disruption to yourself (to include the likely effect of a move on your well-being and on your physical and mental health) with its duty to its community as a whole to achieve best value.
If the council is minded to decide not to pay for your preferred accommodation it will explain why this is so and if you disagree you will have a full opportunity to say why before any final decision is made.
More Information and Useful Links