Consultation Response

The National Assembly for Wales (Legislative Competence) (No.4) Order 2008 relating to charging for non-residential social care (Domiciliary Care)

1 Introduction

1.1 Age Concern Cymru is pleased to respond to the Proposed Domiciliary Care Legislative Competence Order (LCO) Committee’s request for evidence. We are very pleased that the important issue of charging for non-residential social care is being addressed by the Welsh Assembly Government and we very much welcome the proposed use of new legislative competence in order to take this forward. Age Concern Cymru is the leading all-Wales charity working with and for older people. Age Concern in Wales is made up of Age Concern Cymru and 27 locally based, independent Age Concern Organisations. Our activities include campaigning, research, advocacy, information, support for forums of older people and befriending. Through the combination of an all-Wales presence, local community based organisations and our network of over 200 older people Age Concern in Wales is well positioned to be in touch with the issues affecting older people.

1.2 Age Concern Cymru has been campaigning on behalf of older people in Wales on the issue of charging for care for a number of years. We believe that the current system is inequitable, discriminatory and penalises savers and even those with modest assets.  We hope that any new legislation will be used to create the best possible outcome for older people in relieving the burden that charging for care places on them.

1.3 We appreciate that, at this stage, the primary purpose of the Committee is to consider whether the Assembly should have the power to legislate in this area. To this end we have confined the majority of this response to the questions set out in the consultation letter. However, we have also provided some further information at the end of this response detailing why we feel the legislation is needed and some of the issues that older people in Wales currently face as part of the charging system. If legislative competence is achieved then we will provide further information on what we feel should be done with the powers but even in making the initial decision about legislative competence we feel it is important that Committee members are aware of the wider context in which the proposed LCO sits.

2 Consultation Questions

2.1 What are your views on the general principle that legislative competence in the area identified in 'Matter 15.9’ should be conferred on the Assembly?

We very much support the general principle that legislative competence in this area should be conferred on the Assembly. There is an urgent need to reform the current charging system which creates a "postcode lottery” across Wales of widely varying charges depending on local authority area. The Welsh Assembly must create fairer, transparent statutory guidance for local authorities on charging criteria and rates, developed in conjunction with service users and their carers. We feel that conferring legislative competence on the Assembly to do this would be a very positive step forward for Wales.

2.2 What are your views on the terms of the proposed Order e.g. are they too narrowly or broadly drawn?

We are generally content with the terms of the proposed Order. We are especially pleased that they will allow the Assembly to abolish charging for care altogether should it so wish. We would also like to know if the definition of "social care” is synonymous with "community care” and if the proposed LCO will apply to all services provided by a Community Care Assessment. Overall, we feel that as it stands the proposed Order seems to be broad enough to allow the changes that we would wish to see made.

2.3 Do you consider that the excepted matters would hinder the effectiveness of any future proposed Measures brought forward under Matter 15.9? If so, please explain why.

Age Concern Cymru would like to seek clarification on the rationale behind the excepted matters but overall we do not feel that the excepted matters would hinder the effectiveness of any future proposed Measures.

3 Further Comments

3.1 An ICM opinion poll carried out for Age Concern Cymru in February 2006 found 83% of people of all ages in Wales supported free home care for older people. Meanwhile, research commissioned by the Joseph Rowntree Foundation from the University of Stirling, found that Scotland's policy of providing free personal care for older people at home and in residential and nursing homes has created a fairer system without undue extra public spending.

3.2 Charging for care significantly disadvantages vulnerable older people, many of whom are living on a limited fixed income and cannot cope with the increased expenditure.  Ultimately, the new legislation should be used to implement free home care in Wales. We would like to see charging abolished for any care provided at home following a community care assessment.

3.3 Current charging policies discriminate on the grounds of age.  Currently income from salary is disregarded for charging purposes but occupational pensions, for example, are taken into account. The Strategy for Older People in Wales takes as one of its five key aims to reflect "the UN Principles for Older People, to tackle discrimination against older people wherever it occurs". As the equalities agenda becomes stronger and in light of the newly formed Equality and Human Rights Commission such discrimination is becoming increasingly unacceptable. There is still the opportunity for Wales to lead the way in abolishing discrimination in policy and practice by ceasing to charge against occupational pensions.

3.4 The process of gaining legislative competence in this area and then implementing change could take a number of years. In the meantime there is an urgent need for the Welsh Assembly Government to make changes to the system now, using their existing powers, to benefit those currently struggling with the burden of charging for care.

4 Conclusion

Concern Cymru is pleased that the Welsh Assembly Government is taking this important step to addressing the issue of charging for non-residential social care. The current situation which creates a "postcode lottery” across Wales needs to be rectified and we feel that gaining legislative competence in this area will be an important step forward in allowing Wales to lead the way in addressing social care issues.

4.2 We would be happy to provide any further information to support this response and would be willing to give oral evidence to the Committee if required.