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Non-payment of care fees and debt recovery

Care and Support Statutory Guidance provides us with a charging framework to calculate your care fees, and the Care Act 2014 sets out what action we can take in cases of non-payment of care fees and debt recovery.

Unpaid care fees

We'll begin a process to recover the money you (or your representative) owe if you:

  • don't pay your contribution to your care fees
  • don't pay the correct amount
  • don't pay the amount as per your assessment; for example, where the cost of care and support is lower than your assessed contribution
  • have (fraudulently or otherwise*) misrepresented or have failed to disclose information relevant to the financial assessment of what you can afford to pay

*If you've transferred your assets to someone else, whilst knowing that you could need or are receiving care and support services, we can seek payment from the person who received the assets.

We approach the recovery of debt for unpaid care fees, reasonably and sensitively; we'll only take Court action as a last resort. In all cases the desired outcome is to prevent debt escalating, and for you to make affordable repayments of the debt, as well as being able to pay your ongoing contribution.

Initial stages of debt recovery involve:

  • discussing the debt with you or your representative
  • social workers being advised of the debt, and become involved as appropriate
  • giving regard to the level of debt, the cost of recovery (not proceeding where the cost of action would be disproportionate)
  • only proceeding with County Court action where all alternatives have been exhausted

All debt must be recovered within 6 years from when the sum became due, and where no repayment arrangement is in place and ongoing.

Also see

Adult Commissioning Team

Adult Commissioning Team, West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 551006

Adult Social Care Emergency Duty Team

Contact the Emergency Duty Team for assistance.

We're available between 5.00pm and 8.30am, Monday to Friday, 24 hours a day over weekends (between 5.00pm Friday until 8.30am Monday), and 24 hours on bank holidays.

Telephone: 0300 131 2131