Minimum income guarantee meaning

ARCHIVED This Practice Note summarises the state support potentially available to older clients and clarifies how means testing operates for both income and capital. It also considers the rules on deliberate deprivation of income or assets, both for social security benefits and for local authority care charges under the Care Act 2014. Benefits for older people fall into three strands: contributory (dependent on sufficient National Insurance contributions), non‑contributory and non‑means‑tested (based on status such as age or disability), and means‑tested (assessed against the claimant’s income and capital). Relevant Benefits Pension and pension related benefits New State Pension Graduated Retirement Benefit (historic entitlement) Guaranteed Minimum pension—contracted out rights Pension Credit—guarantee credit and saving credit War pensions—where applicable Disability—related benefits Attendance Allowance Personal Independence Payment (for those below State Pension age) Industrial Injuries Disablement Benefit Means-tested benefits Pension Credit Housing Benefit—for claimants over the State Pension age...

Note: This Practice note explores how care is financed after the reforms introduced by the Care Act 2014 and the supersession of the Charging for Residential Accommodation Guide (CRAG), which gave way to the Care and Support (Charging and Assessment of Resources) Regulations 2014. Numerous provisions have since been repealed, with further legislation and regulation introduced to make the reforms operate as intended, including the Health and Care Act 2022. Health and Care Act 2022 Planned changes in this field, such as a cap on care costs, have faced repeated postponements; the government deferred the cap until 2025, and it remains uncertain whether the new government will pursue this policy. In parallel, the Care and Support (Charging and Assessment of Resources) Regulations 2014 are under review. The rates for the Personal Expenditure Allowance and the Minimum Income Guarantee set out in these provisions are revised annually via the Local Authority Circular — see Local authority circulars–GOV.UK (www.gov.uk). A major concern for the older client is how they will...

‘Exceptional circumstances’ This Practice Note examines the ‘Exceptional circumstances’ provisions in para GEN.3.1–3.3 of the Immigration Rules, Appendix FM, engaged where a partner, child or parent seeking to apply under Appendix FM fails to satisfy every element of the five-year route. They can also be relevant when an application for leave to remain made in a different category is assessed by reference to Appendix FM. In contrast to para EX.1, which is confined to applications for leave to remain, the ‘Exceptional circumstances’ provisions extend to all applications for entry clearance as well as leave to remain. On 22 February 2017, the Supreme Court delivered its judgment in R (MM (Lebanon)) v Secretary of State for the Home Department (SSHD). That ruling confirmed the lawfulness of the ‘minimum income threshold’ for partner and children applications under Appendix FM of the Immigration Rules, yet concluded that the Immigration Rules and associated Home Office guidance did not sufficiently reflect the Secretary of State for the Home Department’s (SSHD) obligation under section 55...