Dementia sufferers and disabled people could be “screened out” of the care system by a loophole in the fine print of new rules to decide whether people are frail enough to qualify, charities have warned.
Elderly people who struggle with basic tasks such as washing and dressing could still be denied care if social workers rule that their problems are not severe enough to threaten their “well-being”.
An alliance of 75 of charities representing older and disabled people criticised the new regulations, published for consultation on Friday, warning that they would now “hard-wire” rationing into the care system.
The new rules were drawn up to implement changes under the Coalition’s recently passed Care Act, which is being hailed as the biggest reform of the system since 1948.
It introduces a notional £72,000 cap on the cost of care as well as a new standard test to determine whether people are eligible for state-funded care.
The measure is intended to end a postcode lottery in which different councils apply different standards to decide whether people need support.
Local authorities have been tightening their requirements in recent years to cope with major cuts to their budgets.
It is estimated that at least 450,000 elderly and disabled people in England who would until recently have received state-funded care are now shut of the system because of the increased rationing.
Norman Lamb, the care minister, said the changes would be “fairer” and “put people in control” of their care.
But Age UK said vital decisions about older people’s care would now be based “worryingly vague” criteria.
The regulations say that people with physical or mental impairments could qualify for care if they are unable to perform “some or all” of a list of basic activities such as washing, dressing, going to the lavatory or feeding themselves.
Even if they can do those things, they might also be judged eligible for care if their condition prevents them from getting out and about, using public transport or holding down a job or studying.
But the rules add that even if they meet the criteria, they would not be eligible for care if social workers carrying out an assessment did not judge that it would have a “significant impact” on their “well-being”.
“This term is worryingly vague and is not well defined, so could be interpreted far too narrowly,“ said Stephen Lowe, a policy adviser at Age UK.
Richard Hawkes, chairman of the Care and Support Alliance said: “We are concerned this is another hoop that people have to jump through, which could significantly undermine the ambition to intervene earlier to prevent someone slipping into crisis.
“This extra criteria risks making the future care system less consistent and could be used as an excuse to exclude people, further rationing support.”
Caroline Abrahams, director of Age UK, said: “On the day that we are remembering the sacrifices of the war generation, the surviving members of which are now of an age to increasingly need some help to stay independent, Age UK believes these new regulations are not simply good enough.
“Our older people deserve much better.”
She said the Government should be applauded for introducing national eligibility criteria, but added: “The problem is they are far too restrictive and risk shutting many older people out of the care system who badly need our support.
“The regulations are written in such a way that we worry that people with dementia who need help to continue to live at home with dignity could be screened out, together with those who struggle with dressing, or washing, or going to the lavatory or preparing food.
“From now on the inability to do just one of these fundamental things will not be enough to qualify you for support and Age UK’s concern is that without it, some older people’s needs will escalate, undermining their capacity to continue to live at home.“
Mr Lamb said: “Care and support is something that nearly everyone in this country will experience at some point in their lives.
“Our Care Act will make the system fairer by putting people in control of their care and limiting the amount anyone may have to pay for the support they need.”
http://www.telegraph.co.uk/health/elderhealth
