Support for local authorities to carry out the implementation for part 1 of the Care Act 2014.

Updates to this page

30 October 2026 This guidance has been updated to reflect system changes since its original publication (including the transition from clinical commissioning groups (CCGs) to integrated care boards (ICBs)), to correct broken links and to address minor grammatical errors.

This guidance has been updated to reflect system changes since its original publication (including the transition from clinical commissioning groups (CCGs) to integrated care boards (ICBs)), to correct broken links and to address minor grammatical errors.

22 July 2025 Updated to reflect new capital and income disregards for compensation payments received due to miscarriages of justice, and clarify the treatment of payments related to placed or supported children.

Updated to reflect new capital and income disregards for compensation payments received due to miscarriages of justice, and clarify the treatment of payments related to placed or supported children.

18 February 2025 Updated to add Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme to the list of income disregards.

Updated to add Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme to the list of income disregards.

27 September 2024 Amended 'List of changes made to the Care Act guidance' to note that, following an announcement by the Chancellor of the Exchequer, the planned adult social care charging reforms, which were inherited from the previous government, will not be taken forward in October 2025.

Amended 'List of changes made to the Care Act guidance' to note that, following an announcement by the Chancellor of the Exchequer, the planned adult social care charging reforms, which were inherited from the previous government, will not be taken forward in October 2025.

12 August 2024 Updated the attachment 'DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case' following the Worcestershire judgement.

Updated the attachment 'DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case' following the Worcestershire judgement.

28 March 2024 Updated to reflect new capital and income disregards, and to clarify the position around occupational pensions, personal pensions or retirement annuities paid to a spouse or civil partner.

Updated to reflect new capital and income disregards, and to clarify the position around occupational pensions, personal pensions or retirement annuities paid to a spouse or civil partner.

5 October 2023 Updated to reflect a change in DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case.

Updated to reflect a change in DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case.

1 June 2023 Updated paragraph 17.73 of the care and support statutory guidance to make clear that Section 72 (the introduction of an appeals system for reviewing care and support decisions made by local authorities) remains under review.

Updated paragraph 17.73 of the care and support statutory guidance to make clear that Section 72 (the introduction of an appeals system for reviewing care and support decisions made by local authorities) remains under review.

19 January 2023 Email address added to chapter 19 for ordinary residence referrals to the Secretary of State.

Email address added to chapter 19 for ordinary residence referrals to the Secretary of State.

9 January 2023 Amendments were made to paragraphs 3.41,12.47 and 16.52 of the guidance, and Chapter 23 was deleted, as a result of an announcement in the government’s Autumn Statement 2022 that the planned adult social care charging reforms are now delayed until October 2025.

Amendments were made to paragraphs 3.41,12.47 and 16.52 of the guidance, and Chapter 23 was deleted, as a result of an announcement in the government’s Autumn Statement 2022 that the planned adult social care charging reforms are now delayed until October 2025.

2 November 2022 Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that the Supreme Court has granted Worcestershire County Council's application for an appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that the Supreme Court has granted Worcestershire County Council's application for an appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

2 September 2022 Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.

Added a note explaining that some parts of the 'Care and support statutory guidance' are out of date and in the process of being updated.

16 June 2022 Updated 'List of changes made to the Care Act guidance' to say that chapter 23 was fully replaced on 15 June 2022.

Updated 'List of changes made to the Care Act guidance' to say that chapter 23 was fully replaced on 15 June 2022.

15 June 2022 Following public consultation, we've entirely updated chapter 23 in this guidance. This is to remove references to parts of the Care Act 2014 which have already been implemented and to update the charging reform section which is yet to be implemented.

Following public consultation, we've entirely updated chapter 23 in this guidance. This is to remove references to parts of the Care Act 2014 which have already been implemented and to update the charging reform section which is yet to be implemented.

27 January 2022 Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note the judgment from the Court of Appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note the judgment from the Court of Appeal, and that cases continue to be stayed until we have a final decision by the Supreme Court.

27 August 2021 Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that permission to appeal has been granted by the Court of Appeal.

Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' to note that permission to appeal has been granted by the Court of Appeal.

21 April 2021 Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' following the High Court judgment in R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council. The update confirms DHSC's position.

Updated 'DHSC’s position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' following the High Court judgment in R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council. The update confirms DHSC's position.

24 June 2020 Added a document to clarify the status of the care and support statutory guidance pending the outcome of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council.

Added a document to clarify the status of the care and support statutory guidance pending the outcome of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council.

2 March 2020 Paragraph 33(g) of Annex B (treatment of capital) has been updated. Added point xv, which states that any payment made to a former child migrant as part of the government scheme established for the former British child migrants should be disregarded when calculating how much capital should be taken into account.

Paragraph 33(g) of Annex B (treatment of capital) has been updated. Added point xv, which states that any payment made to a former child migrant as part of the government scheme established for the former British child migrants should be disregarded when calculating how much capital should be taken into account.

26 October 2018 Updates made to chapter 19 'ordinary residence': removed references to determinations that had been stayed pending the outcome of Cornwall. Clarifications have been made about the process of seeking an ordinary residence determination, and a review of an ordinary residence determination.

Updates made to chapter 19 'ordinary residence': removed references to determinations that had been stayed pending the outcome of Cornwall. Clarifications have been made about the process of seeking an ordinary residence determination, and a review of an ordinary residence determination.

1 October 2018 In Annex G paragraph 8, guidance for issuing an assessment notice has been expanded to include when NHS bodies can or must issue an assessment notice. In paragraph 9 guidance has been added on local agreements for assessment notices between NHS bodies and local authorities. In Annex H paragraph 26, guidance on accommodation as part of a package of care has been amended to clarify the process when an individual is placed in a care home with the local authority an individual is ordinarily resident in.

In Annex G paragraph 8, guidance for issuing an assessment notice has been expanded to include when NHS bodies can or must issue an assessment notice. In paragraph 9 guidance has been added on local agreements for assessment notices between NHS bodies and local authorities. In Annex H paragraph 26, guidance on accommodation as part of a package of care has been amended to clarify the process when an individual is placed in a care home with the local authority an individual is ordinarily resident in.

9 July 2018 An addition has been made to the list of capital assets to be disregarded in annex B. The addition is about payments made under or by a trust supporting people with disabilities caused by their mother taking a preparation containing the Thalidomide drug during pregnancy.

An addition has been made to the list of capital assets to be disregarded in annex B. The addition is about payments made under or by a trust supporting people with disabilities caused by their mother taking a preparation containing the Thalidomide drug during pregnancy.

12 February 2018 Chapter 9 has been amended to explain how the deferred payment agreement scheme operates. This is because of changes to the Care and support (Deferred Payment) Regulations on 5 February 2018.

Chapter 9 has been amended to explain how the deferred payment agreement scheme operates. This is because of changes to the Care and support (Deferred Payment) Regulations on 5 February 2018.

17 August 2017 Several minor updates to chapter 22: sight registers.

Several minor updates to chapter 22: sight registers.

28 June 2017 Additions to the list of capital assets and other income that must be disregarded - see Annex B para 33 and Annex C para 29.

Additions to the list of capital assets and other income that must be disregarded - see Annex B para 33 and Annex C para 29.

24 February 2017 Updated to reflect changes in the law on charging armed forces veterans for care and support from 10 April 2017.

Updated to reflect changes in the law on charging armed forces veterans for care and support from 10 April 2017.

9 December 2016 Update to chapter 19 to reflect the department's position on the determination of questions of ordinary residence following the case of Cornwall Council v Secretary of State fo…