Care Act 2014 - will it be applied retrospectively?

[theplume]

Just trying to get my head around this subject!!
My folks have been self funders now since Jan 2010 (both were admitted to a home at the suggestion of Social services as both have Alzheimers). So far, they have spent the proceeds of the house sale (£190k each) and are now using savings. When this Care Act comes into play in 2016, and assuming they are still with us, will they automatically qualify for support - i.e. will the money they have spent be considered?
I have looked but cannot find a definitive answer.

 

[Pickles53]

I think this has been discussed on another thread a while back but I can't find it. My recollection is that nothing paid before the act comes into force counts towards the 'cap'.

Hope someone with a better memory comes along soon....

 

[Soobee]

I'm pretty sure that it's a definite 'no' to anything retrospectively. I attended a briefing where it was mentioned.

 

[nitram]

These reforms come into effect in April 2016.

It would not be practical to take account of costs people have incurred before this data.

People who have existing care needs on this data will treated as having developed them on 1 April 2016

http://www.local.gov.uk/care-support-reform/-/journal_content/56/10180/6120571/#costcap

 

[Wirralson]

To add to what Nitram has posted: it is very unusual indeed for statutes to be retrospective. Most forms of retrospective detriment would probably now be considered incompatible with the Human Rights Act 1998. Retrospective benefits are unusual, and normally only done to deal with an anomaly or a Court judgment requiring it. That doesn't apply here.

W