Brentwood Borough Council

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Brentwood Borough Council

FOI 11653

CRAG Regulations

Request

I should likesome information as to how your council applies the CRAG regulations which obtained from 2012. In particular how the rules with respect to deprivation of capital and notional capital are applied.
The question to which I require an answer is this:
A gift of money is made by a client in a care home and is judged as deliberate deprivation of capital. Have you regarded that gift as being made from the client’s disregarded capital of £14250 and from then on, for the purposes of calculation of fees, treated the gift (notional capital) as a permanent part of the client’s capital?
To illustrate: A person makes a gift of £5000 from capital of £35000 which is judged to be deliberate deprivation of capital. He is treated as still possessing the £5000. So he has to pay full fees. Eventually his capital reduces to £23250 but because he is still deemed to possess the £5000 he continues to pay full fees.
His capital subsequently falls to £18250, his total being deemed to be £23250 and he becomes entitled to assistance from the local authority with his capital being charged at tariff income on capital of £9000. This carries on until his actual capital has reduced to £9250 when his total capital is deemed to be £9250 + £5000 = £14250. So the disregarded capital remaining is £9250.

Response

Thank you for your FOI request.

I can advise you that the information you require is held by Essex County Council and not Brentwood Borough Council.

Freedom of Information requests for Essex County Council can be sent to:

Your Right to Know
Information Sharing Information Security
Po Box 11
County Hall
Market Road
CM1 1LX

Or

YourRightToKnow@essex.gov.uk