keep The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2021
Amendment to Care and Support (Charging and Assessment of Resources) Regulations 2014 that adds two carve-outs to Schedule 2 (capital to be disregarded): (1) payments disregarded under Victims' Payments Regulations 2020, and (2) compensation payments under Historical Institutional Abuse (Northern Ireland) Act 2019. These provisions prevent certain compensation payments from being counted as capital when assessing adult social care charges.
Without these provisions, victims of institutional abuse and certain crimes would see their compensation payments counted as capital, reducing their care entitlements or increasing their charges — effectively penalising the innocent victims of serious wrongs. While means-tested care charging involves government intervention, these narrow, targeted carve-outs for specific, formally-recognised categories of victims do not constitute the kind of broad regulatory burden or market distortion this body's mandate addresses.