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Updates to the Charging for Residential Accommodation Guide (CRAG)


The annual update to the Charging for Residential Accommodation Guide, affectionately known as CRAG by those of us who have the pleasure to refer to it frequently, has been published.

An up to date copy can be found at http://bit.ly/14Vzbza.

The substantial updates are:

1. Clarification of the charging structure for intermediate care services:

“Intermediate Care Services
3.023 Any services which form part of a package of intermediate care as defined in the regulations issued under the Community Care (Delayed Discharges etc) Act (Qualifying Services)(England) Regulations 2003 must be provided free of charge for 6 weeks. Paragraph 7 of HSC2001/01: LAC(2001)1 issued in January 2001 provides a working definition of intermediate care services. (Also see LAC(2003)14).) In exceptional circumstances where intermediate care is provided for longer than 6 weeks, the first 6 weeks of that care must be provided free of charge. The position on charging after the 6 week period remains as set out in paragraph 18 of the above guidance.”

2. A very useful confirmation of the treatment of capital deriving from a personal injury settlement:

“Treatment of capital
10.026 Where the capital consists of any payment made in consequence of personal injury and a court has not specifically identified the payment as being to cover the cost of providing care, that capital is disregarded for a period of up to 52 weeks from the date of receipt of the first payment. If the money is placed in a disregarded location such as a personal injury trust or is administered by a court the relevant disregards will apply. Subsequent payments outside the 52 weeks are taken fully into account unless they are placed into a disregarded location.”

If you require advice or guidance in respect of any issues that you or a loved one are facing relating to the provision of care, please contact Clare King of the Private Client Team on clare.king@clarionsolicitors.com or 0113 336 3363.

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