Asked by Lord Lipsey To ask Her Majesty’s Government what
assessment they have made of the possible role of the private
sector in helping individuals pay for social care. Lord Lipsey
(Lab) My Lords, I beg leave to ask the Question standing in my name
on the Order Paper and declare my interest as the unpaid president
of SOLLA, the Society of Later Life Advisers. I think these
proceedings are a bit rum. A Conservative Government are proposing
reforms to help...Request free trial
Asked by
To ask Her Majesty’s Government what assessment they have made of
the possible role of the private sector in helping individuals
pay for social care.
(Lab)
My Lords, I beg leave to ask the Question standing in my name on
the Order Paper and declare my interest as the unpaid president
of SOLLA, the Society of Later Life Advisers.
I think these proceedings are a bit rum. A Conservative
Government are proposing reforms to help people to pay for care:
the cap and the revised means test. They say that these should be
entirely funded by the state. And here is a Labour Peer saying,
“No, you have got the emphasis wrong, and you should be looking
at what the private sector can do to solve the problem without
recourse to public funds.” Let me try to resolve that
paradox.
In a nutshell, the problem is that roughly half of those needing
care have to pay for some or all of it themselves. When it is
just a few months or years for people with some wealth, that does
not provide much of a problem. But a minority of the half—one in
10 perhaps—go on living for many years in a care home. That means
that they exhaust all but £20,000 or so of their resources. Their
children may be deprived of their inheritance. As Andrew Dilnot
argued in his excellent 2011 report, these people need some form
of insurance. The private sector will not provide that insurance.
There has never been and never will be any insurance policy you
can buy in advance to pay for your care. Tory voters will be
terribly affected by this—those we used to call middle England
and in the south of England—so of course the Government want to
help out.
There are two central flaws in the Government’s approach. First,
the insurance that will be provided by the government cap is not
at all adequate. I will not repeat what I said in the care debate
the other day, but it will be seven years at least before anyone
benefits from it and I think it will only pay one-third or
one-quarter of costs at the most. We can debate that another
time. Secondly, and more importantly to me, such little support
as the cap provides will not go to those most in need. It will go
to the better off. They are the ones with lots of assets and
therefore debarred from means-tested help, and they will tend to
live longer since being wealthy is a key to a long life. The
Government’s policy, I am afraid, represents a levelling down:
taking from less well-off national insurance payers and giving
the proceeds to the better off and their children.
Worse still, by spending money on helping the rich in this way,
the Government give away money that could be deployed on a more
important task: improving our wholly inadequate care services. As
the population ages, adding to demand, supply has got worse and
worse as local authorities are cut back. The quality of care is
not by any means always adequate. If the Minister will forgive me
in his presence, I speak the language of Nye Bevan:
“The language of priorities is the religion of Socialism”.
For me, providing more care takes greater priority than paying
for care for the rich.
Can the private sector step in? It is true that the financial
services sector has been chary of this space. I mentioned already
that it does not provide long-term care insurance. Its excuse for
this is risk: what if people live much longer than expected and
therefore it has to pay out more? If you think about it for a
minute, this is palpable nonsense, because these same insurance
companies are going around the place desperately trying to sell
life insurance policies, which are subject to precisely the same
risks as apply to long-term care policies. Having been around
these people for a long time, I am afraid that the real reason is
a simple one: it is very hard to sell long-term care policies.
Most people out there are pitifully ignorant about care. They may
know about pensions, but they do not know about care. About a
third of the population still think that the state will pay for
it in full. Even those who understand see it as a problem that is
far in the future, to be dealt with when the time comes.
Persuading them to cough up now for a need that they may well
never have is hard work, even for the most seductive of financial
services salespeople.
However—a big however—there are a number of purely private
financial products which financial services companies offer that
can help, and there could be more. A major one is equity release.
With house prices having soared, many people have a large chunk
of money which they can access through an equity release to pay
for their care. They do not have to spend that money on it. They
can take out a point-of-use care product when their need arises.
Then there is the immediate care cost annuity: you take it out
when you go into a home and your costs escalate, and it will pay
out for as long as you live. If you live for 10 years, it will
pay out for 10 years. If you live for less time, you will not do
so well. There are subtle variants on this—for example, policies
which refund your premium if you die within a few months of
taking the policy out, because some people are frightened that
they might be paying something for nothing. For many, the future
may lie with a cheaper and more attractive policy: a deferred
annuity policy. When you first go into care you pay for yourself,
but as you are in care for a longer period—a specified number of
years—the policy will step in to pay for the rest of it. That
provides insurance as a sort of privately funded cap. These are
not the only possibilities. An ingenious correspondent suggested
to me that there could be a product whereby you temporarily give
your home to a housing association. It will then pay your care
fees out of the rent.
These products are making progress but from a very low base. For
example, equity release sales have nearly doubled since 2016. The
number of firms offering care annuities has gone from two to
four. It is growing, but slowly. How do we encourage it to grow?
I am SOLLA president because people do not know much about care.
When they do find out, they are disinclined to do much about it.
There is a role here for more publicity, but the most important
requirement is for better advice for more people. I do not just
mean publicly provided advice. There is no substitute for an
independent financial services adviser—dare I say it, a
SOLLA-accredited one. It is very important that we increase the
availability of that advice and do not just leave people to go to
the citizens advice bureaux. Great organisation though it is,
Citizens Advice is not necessarily capable of dealing with these
very complicated issues.
We are in a crisis on care, and we are heading towards disaster.
We have one group of older people who cannot get care of adequate
quality, and their families are up in arms at this total failure
of the Government. We have another group—smaller but much more
used to getting their way—who want their inheritances protected
for their children, who will discover, I am afraid, that
Johnson’s cap is not an answer. They are likely to lose the
greater part of their assets paying for care and will not be able
to fulfil their last remaining ambition, which is to see their
children right when they die.
The private sector cannot do everything to put this right. I am
not saying that it can but, properly promoted and properly
advised, private financial products can do much to take the sting
out of the care cost fiasco. I hope that today the Minister will
show some sign that he and his colleagues are beginning to wake
up to the serious problem that was left after their proposals
came out.
13:10:00
(Con)
My Lords, I thank the noble Lord, , for initiating this debate. We
have gone round and round on this subject for many years; as the
noble Lord said, he was on a royal commission long before I ever
got anywhere near this House—indeed, before I ever thought I
would.
One of the difficulties is that there is a wide range of social
care. Some people who are in need of residential care, which they
pay for, are not that far away from people who are in need of
care through the NHS or some other public body where it is not
even thought that they will pay. There is a penumbra in between.
The wide range of social care is also reflected in the
demographics of the country. My generation is living longer than
any previous one. No member of the previous generation of my
family ever lived as long as I have now, so there is a general
tendency to live longer.
However, there is also a general tendency to wish not to face
facts. It exists in our household, where we cheerfully say to
each other, “Well, of course, all our family died of strokes.
They haven’t lasted very long. They’re unlikely to need anything
other than an ambulance to take them off to the hospital, and
they probably won’t come back.” This is a factor when people look
at whether they should make any advance provisions for social
care. I stress “advance” because, if you are going to ask people
to take out insurance policies, the policy will be meaningless
for many of them; they will never draw on the policy because they
will die in a way that means them not needing its benefit.
I have a limited example of equity release. I must say, there
must be a lot of money in it. Two years ago, in an idle fit on a
Sunday night, on my computer, I filled in one of those forms that
says, “How much could you get for your house if you sign up to
our equity release?” I thought, “That’s interesting. I wonder how
much I would get.” I filled in the online form; it is the only
form I have ever filled in but, since then, I have had a regular
stream of offers of equity release on my house—and not only from
the people whose form I filled in. It is fairly obvious that the
information has been sold off around the industry. Every couple
of months, I get an invitation to take up equity release. Clearly
there is a lot of money there. I also think that there is a lot
of capacity for mis-selling in the equity release market; we
probably need to look at that.
Next, the Conservative Party’s proposals are interesting. I am
pleased to say that the Conservative Party is a party that looks
after the wealth of people like me. In other words, what we are
talking about is wealth preservation. When we talk about the cost
of care for the elderly, we are actually asking whether we can
preserve our wealth, particularly in our house, to pass it on to
the next generation. Putting it crudely, that is what this is all
about. Of course, for many ordinary people who live in council
flats or rented accommodation, there is no pool of wealth; that
is the big challenge that we face.
I am afraid that my solution to help individuals to pay for
social care is that they should probably pay a sum of money
towards it, and that most of the fancy systems devised will prove
to have flaws in one way or another; they all have weaknesses. It
is the fairest way of all. It may be hard luck on the children
but, frankly, if you have built up a sum of capital it is not
unreasonable that you should spend it on looking after yourself.
After all, you would not say, “I need to save money for my
children, so I won’t eat or pay the rates.” If you are
unfortunate enough to need some form of care, that should be paid
for by the person utilising that care.
I noted the noble Lord’s point about the housing association
remedy. That is fine if you are a single person, but it is no
good if you have a partner living at home—let alone dependants of
that partner—because they will need to carry on living there. You
cannot give the house to a housing association and draw money. My
not very happy conclusion is that we probably have to carry on
not far away from where we are at the moment. It may produce its
anomalies, but the anomaly of getting people who have money to
use it for their care is not unacceptable. It is not as bad as
some of the anomalies that would occur if you tried to tilt the
system so that the owners of capital were somehow exempt from
using it for their care. It is a rather gloomy prognostication,
but it is my conclusion.
I hope that the Minister and the department will be very cautious
before they come forward with plans. I warn them that there has
been a problem in some continental countries, in northern Europe.
Where you go down this slope of free care, you will face enormous
bills. Take a day trip to Denmark, and ask about the cost of care
for the elderly. They are not only tremendous but unceasing. At
the last election in Denmark, part of the debate was about how
many baths per week should be provided by the local services that
cared for people in their own homes. That is because Denmark has
the universal system, but that system will run out of money every
time more money is put into it. It will make the National Health
Service look a relatively tame organisation. You will find that
there will be huge debt if you go down that path. I caution the
Minister: he should be very careful.
13:18:00
(Non-Afl)
My Lords, this is a very simple problem but the solution is very
difficult. For a long time, economists have talked about what is
called the life-cycle hypothesis—how families or individuals
rearrange their consumption pattern over a lifetime by
transferring some of the future income to the present, as we do
in the student loan system and when we buy a house through a
mortgage. Mortgages are interesting; all Chancellors stand up and
say, “The debt-to-GDP ratio is really very high. Every family
that starts with one of at least 300% will have a mortgage.”
Everybody knows how to do that.
Our problem is that people do not know how to do the backward
transfer. People do not know how to transfer the present value to
the future. That is a matter of incentives. Ultimately, there
have to be incentives. Building societies evaluate you and give
you the money and you pay it off. I spoke on this when we were
discussing the extra tax for social care. By and large, the
better-off middle classes have a house. The house is congealed
capital gains. The question is how you melt that capital gain to
make it available without melting it so much that it flows away.
I was at that time proposing some form of council tax, which I
will not repeat now.
Interestingly, families have assets which they do not want to
sell and realise because they want to pass them on. That is one
incentive. We have to give them some sort of scheme whereby they
would say, “I want to pass on the money that I have to my
children, but I don’t want to pass all of it on. I will split
it.” How can we give families an incentive to split? Whenever I
get up, I propose a new tax, so I will do that. We treat asset
transfers to children very lightly; we do not tax them. If we
were to say that passing your house to your children would be
fine but we would tax it at 40%, which is the higher rate of
income tax, or even 20%, the family would ask itself whether it
would be better not to preserve the house but to sell it
beforehand and split the equity between the family.
I am always autobiographical, so I will say that I am about move
to downsize. I have a house in Camberwell that I am about to sell
and I shall move to County Hall, which will be easy for inviting
all my friends to come to have a drink at my place. That will
release cash for me to keep, which is not taxed under current
regulations. That is all right; I can do whatever I like. But if,
for example, I were to stay in my house and then transfer it, it
would not release cash in my lifetime but it would release cash
to my children. If the Government said, “That’s fine, but if your
children get it you will pay 20% tax”, I would be more encouraged
to downsize while living than to wait until I die for my children
to get it. This is a very simple thing. We have to give some kind
of incentive or disincentive for people to unfreeze their frozen
capital gains. If you look at the wealth distribution, that is
the largest amount of wealth people have. It is a matter of
ingenuity by people who think about taxation.
My noble friend , whom I thank for obtaining
this debate, spoke about equity release. If you watch television
on Saturday and Sunday afternoons, there are adverts for equity
release, funeral insurance and that sort of stuff, so there is a
market, but I do not think it is a very efficient market. We have
to see why that is. What incentives can we give for the market to
be more lively? Is there anything we can give to the sellers so
that they come up with interesting products? Right now, all they
are talking about is how you can be healthy and enjoy the money
while you exist and run around in gardens.
A house is a frozen sum of money. How can you melt it, share it
with your children and pay for your care? Everybody should be
told about this: you are going to need care and you had therefore
better provide for it. This is a harsh thing to say, but the
existence of the NHS has discouraged saving. We have begun to
believe that we do not need to do anything about our health,
because it is taken care of. We do not realise that social care
is not included in what the NHS does. We can either merge the two
and provide them with more money or clearly separate them and
tell people that it is not possible to have social care in
hospital. It is a different kind of problem.
This is not strictly to do with assets, but about the running
costs of social care. It is a slightly tricky business, but many
people are cared for by their own family. This is done on a
voluntary basis, usually by women. Women end up looking after
their husbands, often because they live beyond them anyway, and
they do it unpaid. It is extremely hard work, although they may
be able to hire people in. Is there any way in which we can
create a social dividend income, so that people taking care of an
elderly person, even if they are a relative, would get something?
It could be like a universal credit or pension payment, but it
would be some sort of sustainable payment. We know that carers
for the disabled and so on have problems taking holidays and
things like that. We know that this happens so, if somebody,
whether a man or a woman, can show that they are taking care of
their relative, they would get some compensation for doing it and
saving the state money. It is basically giving them the money the
state saves.
13:27:00
(LD) [V]
My Lords, I declare an interest as one of the vice-presidents of
the Local Government Association. I congratulate the noble Lord,
, on securing this important and
timely debate, and for his interesting opening statement about a
Labour Peer setting out how the private sector can help
individuals to pay for social care. These Benches do not have a
problem with that principle; if people wish to make provision for
such costs, they should be able to. The big issue from these
Benches is whether they understand the social care system for
which they are planning to cover costs and whether it will be
able to deliver when they need to use it.
I also thank the Association of British Insurers for its helpful
briefing, which has wide applicability for the general
population, as this issue is not just about financial products.
The problem is that, for decades, reform and funding of social
care has left us with this current mess—or, perhaps I should say,
without the reform and changes to the funding of social care, we
have been left with this current mess. It was extraordinary that
both your Lordships’ House and the House of Commons each had to
pass the Health and Social Care Levy Bill in one day, before
Parliament could even see the detail of how the levy and new
financial structures will work for social care. This is even
before we see the Government’s White Paper on social care, which
is still due to be published a few short months away—a line the
Conservative Government have been running pretty much since 2015,
when they refused to implement the Dilnot commission
recommendations. This is very odd, given the Prime Minister’s
insistence on the steps of No. 10, two years ago, that it was an
absolute priority to
“fix the crisis in social care once and for all”.
For the past 30 years, social care has been funded in this
peculiar dual way. Those below the income and asset cap get their
care paid for, with the further problem of that being divided
into the NHS paying for nursing care and local authorities paying
for the personal care element and some, or all, of their
accommodation and food costs—misnamed as the hotel costs.
All that the new levy announcement does is raise the cap on the
savings element—the noble Lords, and , set out the problems here. The
cap should be viewed as a solution to avoid catastrophic care
costs for individuals and is not a way to enable a private
market. A cap in itself will not necessarily prompt a market for
financial products to develop. In particular, a product that
would dovetail with the cap would be almost impossible to create.
As the noble Lord, , said, care needs and costs are
unpredictable, both for individuals and therefore for insurers.
That, frankly, is why there has been some reticence on the part
of the insurers over the years to provide a specific tailored
product for care needs, as medical progress over time will
determine how many people need care and for how long they need
it.
Some of the existing products have been mentioned already, but
there are care fee plans or intermediate needs annuities; life
assurance policies with care cover included; pensions, investment
and retirement income products; and equity release and lifetime
mortgages. It was fascinating to hear the noble Lord, , talk about being plagued by
people trying to sell him equity release after he had completed a
form online. Equity release is already proving to be something of
a problem, as such products are being sold to people every day on
their television sets and radios for other uses, including their
passing on to their children large amounts of money to provide
deposits for homes. Some local authorities are now finding that
people who started off as being privately funded move into a
position of needing public pay once the residual equity has been
sorted out with a prior demand from the bank which has offered
the equity release. To a local authority’s frustration, when the
property is sold after the death of the resident, someone who was
thought to be a private payer suddenly becomes a bill that the
local authorities has to pay and had no control over
commissioning.
What of the future? The noble Lord, , with his usual expertise, set
out the wider economic issues facing the public. The first and
most fundamental of them returns to the point I started with.
Because of the current muddle, we must have a clear state offer
from the Government about the boundaries of who will pay what. I
add to that a question for the Minister. Is it planned to run an
extensive publicity campaign—not just the odd, occasional
advertisement, but perhaps a leaflet to every house to raise
awareness in advance of the levy being implemented and to explain
to people what will be different? I believe that a large number
of people think that, by paying the increase in national
insurance to fund the levy, they will be exempt in future. As I
have said to the Minister on more than one occasion since he took
up his post, most people currently think that they do not qualify
to have to pay for any element of their social care costs. Even
more, virtually everyone is shocked to discover that there are
different systems for the nursing element of their care and
personal care. It is clear that we will now have to add to that
the accommodation and food costs, which are certainly not
included in the cap arrangements under the levy.
Any state offer absolutely must be easy to understand, with
preferably just one system. The ridiculous system of having
clinical commissioning groups and local authorities arguing about
whether a patient’s need is caused by a health issue or is a
personal care issue, and the divisive and shameful treatment of
dementia as a social care issue, must stop. My brother and I are
not alone in having to be present at meetings, in our case about
our mother, where the NHS and local council argue about the
percentage of nursing care versus personal care on the basis of
whether it is needed as a result of her stroke or as a result of
dementia. We witness this to a ridiculous degree. All sense of
the treatment of the whole person is totally lost when different
parts of the system spend enormous amounts of time and energy
trying to deflect costs to other parts of the care system.
There is undoubtedly a role for the private sector in helping
people to pay for social care, but there are two major stumbling
blocks to making it happen. The first is that the public and the
financial sector need an absolutely straightforward system that
the population understands, especially regarding whether they
will be covered by state provision or will need to pay for it
from their own resources and may want to plan for that, say, from
the age of 40. We need state provision that is not used by
different parts to deflect responsibilities in payment, calling
crises at the moment that people need to use the system. That
means a streamlined system. For those who wish to use financial
products to fund their care, the Chancellor must also make it
plain what people can do and whether they will get some tax
breaks for this careful planning. After all, it is prudent
planning that will cover costs in future.
The second issue is much more fundamental. As many Members
outlined in the debate of the noble Baroness, Lady Pitkeathley
last week, we need comprehensive reform, not just structural
reform to the care system. We need to think about this as part of
the public health of our nation. Housing, health, working life
and activity in later life are all also vital to reducing the
need for people going into care homes, let alone having extended
stays there.
13:36:00
(Lab)
My Lords, I thank my noble friend for securing this debate and
the opportunity it presents to spotlight the issues he raises in
his excellent opening speech on the possible role of the private
sector in helping individuals to fund their social care costs.
His expertise and knowledge across the whole range of social care
funding issues—and on all things relating to social care—is much
respected across the House and we are always grateful for his
contribution and guidance.
Like others, I have drawn heavily for this debate on the very
helpful—or not, depending which way you look at it—briefing from
the Association of British Insurers, and on the work carried out
examining private insurance as a means of funding social care by
our own Economic Affairs Committee two years ago in its report
Social Care Funding: Time to End a National Scandal. I emphasise
that we would have liked to have seen the Government use that
report as a first step and springboard to ensure adequate funding
to local councils, so that they are able to provide the standards
of care quality that are needed. They must recognise that a plan
for future care has to include: funding the provision of personal
care in people’s homes to meet the unmet needs of the estimated
1.5 million who need help with washing, dressing, toileting and
other basic needs to help keep them living well in their homes
and in the community; and working towards ending the disparity
between entitlement to free NHS care and the adult social care
system, ensuring that entitlement is based on the level of need
rather than diagnosis, such as in the provision of free care for
cancer but lack of free social care for dementia suffers. The
noble Baroness, Lady Brinton, spoke very eloquently on this
matter.
Indeed, we have a social care plan that is not a plan; does not
“fix” social care, as the Prime Minister promised; places the
burden of funding on people who can least afford it; and sets the
care cap for two years’ time at a level much higher than the
Dilnot recommendation and will not stop people from having to
sell their homes—the pledge on which the Prime Minister is
fixated and around which his proposals are built.
In the ABI briefing, the criteria set out for social care reforms
that would help facilitate what it terms as a more “favourable
environment” for insurance schemes have been cited by other noble
Lords. They include the need for a clear offer on what the state
will provide; an awareness-raising campaign about the
means-testing and costs of social care, which it has been calling
for since the discussions on the Care Act 2014; an easily
understood care offer from the state; helping people to plan for
social care costs; adding incentives to encourage people to save
and plan for social care and removing disincentives which make
saving towards a care plan worth while; and ensuring long-term,
sustainable reform to social care that will provide stability
for, in the ABI’s words, “decades and not years”.
These key criteria are sorely absent in the Government’s social
care proposals. In the words of the ABI, following the
Government’s announcement last month, the
“clearer the rules about what the state will provide, the easier
it will be for insurers to respond to and support customers with
what is not covered”.
Despite the ABI welcoming the Government’s measures as a “welcome
step forward”, I am sure that, like many noble Lords, it also has
the long memory of the prolonged but fruitless discussions during
the passage of the Care Act and of the date for implementation of
the care cap being set for 2016, then delayed twice to 2018, and
then finally cancelled altogether as unaffordable. Can the
Minster confirm that history will not repeat itself, and the cap
will not be axed again in 2023 as the health and social care levy
is swallowed up by the NHS’s herculean task of dealing with the
pre and post-Covid backlog of treatments?
Noble Lords have asked specific questions about the types of
financial products that could be made available in the future,
such as equity release and intermediate and care cost annuities.
On equity release, there have been interesting contributions from
the noble Lord, , and the noble Baroness, Lady
Brinton. A lot of financial advisers will say that equity release
is only ever worth while over the age of 80. That is generally
seen as the only time when it should be considered.
I look forward to the Minister’s response to these issues.
Clearly, taking out insurance to cover care costs is not an
option for the vast majority of the 1.5 million who need but do
not get social care support, which is why the need for state
funding for personal care costs is such a key imperative in
addressing the current social care funding crisis.
Can the Minister update the House on what discussions are under
way on this important issue with the insurance industry? The
Prime Minister promised that the Government would be working
closely
“with the financial services industry to innovate and to help
people insure themselves against expenditure up to that
limit”—[Official Report, Commons, 7/9/21; col. 155.]
of the cap. Can the Minister reassure the House that discussions
have started? Who is leading them? Will there be regular
briefings on the key issues and progress? Most importantly, is he
confident that any new products will be in place before the
proposed implementation of the cap in 2023? Does he accept that
the discussions with the industry are time-critical and need to
make rapid progress?
Finally, my noble friend and other noble Lords, both today and in
our debates and Statements so far, have asked key questions of
the Minister about how the cap is to operate, its sheer
complexity, what costs it will cover and other major concerns
arising from the close analysis of the figures—such as that by my
noble friend, which showed that it will be at least seven years
from now before people with care needs in homes or at home will
benefit from the Johnson cap. Time is fast running out for the
Government to provide the answers that are vitally needed.
13:43:00
The Parliamentary Under-Secretary of State, Department of Health
and Social Care () (Con)
My Lords, I congratulate the noble Lord, , on securing this important
debate and I thank him for his well-argued case for the
importance of the private sector in helping people pay for care.
As he rightly acknowledged, it puts a Conservative politician in
an interesting place when a Labour Peer is explaining the
benefits of the private sector. I acknowledge his long-standing
interest in this area; he brings a wealth of experience to the
topic, not least as a member of the Royal Commission on Long Term
Care for the Elderly, which in 1999 began the important
discussion of how people should pay for their care. We should
also be clear, however, that successive Governments, even before
then, have kicked the can down the road. Reports have been issued
and have gathered dust on bookshelves. I worked for an economic
think tank which surveyed a range of views across the political
and ideological spectrum—good ideas that have just been ignored
for many years.
In that spirit, whatever one thinks of the announcement made by
the Prime Minister on 7 September, it marks an important step on
the journey to reforming adult social care. We are no longer
talking theoretically or about blank pieces of paper. We are
talking about a proposal that can be critiqued and, we hope,
improved. I hope that in time, with noble Lords’ experience
across the House, we will be able to come up with a package that
addresses many of the criticisms made today.
The Government’s view at the moment is that the £86,000 cap in
England will end the worry that individuals may face unlimited
care costs. In addition, anyone with assets worth between £20,000
and £100,000 will be eligible for some means-tested support,
helping people without substantial assets. The Government’s view
is that the reforms will bring people peace of mind from knowing
that their assets will not be wiped out if they end up needing
care.
Let me turn to a couple of the points made by the noble Lords,
and . A few years ago, I read a very
interesting article in the Financial Times about financial
planning. The journalist asked why we plan for people to build
ever larger amounts of wealth towards the end of their lives,
then leave it to someone without benefiting themselves; surely we
should encourage people to build large amounts of wealth that
they then spend towards the end of their lives, including on
their own care. That raises some substantial questions, which, I
agree, the Government will need to address.
The cap marks an important step in enabling people actively to
plan for the cost of their care, and agree that this is where the
private sector can play a critical role. Of course, the new cap
will protect people from facing unlimited costs and give greater
clarity and certainty about what costs they may face. However, I
take on board the point made by the noble Baroness, Lady Brinton,
about making sure that we have proper publicity and public
information. People will need to plan. As many noble Lords have
said, to date, too few people think about the cost of care until
a point of crisis when they or a family member are affected.
We believe that the financial services industry can play a
critical role in helping people to meet their needs and in
supporting people to pre-fund their care cost if they wish to do
so. As many noble Lords acknowledged, the financial services
industry already offers a range of products that can be used to
help people to meet their care costs; they may not necessarily be
marketed as help for care costs, but they help to build up a sum
that can be used for such costs. There will continue to be a
landscape of products to meet people’s needs and, we hope, to
enable them to fund the cost of their care up to the cap. It is
not a one-size-fits-all measure, as the noble Baroness, Lady
Brinton, outlined.
Some people may prefer, for instance, to invest in a long-term
savings product such as a lifetime ISA, or increase their
pensions contributions to make use of their pension freedoms.
Others may wish to use some of the products that noble Lords have
mentioned, such as immediate needs annuities. Some people may
wish to draw on their housing wealth, in consultation with their
family, to pay for their care and, as such, make use of equity
release products offered by either banks or local authorities
through a low-interest deferred payment agreement.
No one single product or approach to planning for care will meet
everyone’s needs. Therefore, as the noble Lord, , rightly pointed out, quality
financial advice will be critical so that people can make
informed decisions about paying for their care costs up to the
cap. There is already a legal obligation on local authorities to
help people to understand how they can access independent
financial advice, but we recognise that more is needed. We are
working with stakeholders to consider what people need and how
the Government can support them.
Noble Lords may think it rather far-sighted of me that, 20 years
ago, I started looking at financial products and how I could save
for my future. Interestingly, when I interviewed financial
advisers, one thing I was advised was that they were not
necessarily financial advisers, and that they may well have been
financial salespeople trying to sell products. As we ensure that
better financial advice is available, we are going to have to be
clear about making a distinction between independent advice and
the incentive-based sale of products. In many cases, this is
where mis-selling has occurred—that is, where the incentives have
incentivised the so-called financial advisers to sell an
inappropriate product, rather than the most appropriate product,
to the person requiring help. With increased demand, and given
that this sends a signal that people will have to start thinking
about their social care, the Government hope that the market will
evolve. I cannot say that for certain because no one can predict
how markets will evolve; that is the wonderful thing about
spontaneous order, with existing products adjusting and new
products developing.
However, as the noble Lord, , and other noble Lords
acknowledged, this will not happen overnight. We will listen to
and work with partners and industry over the coming months to
consider the development of financial products to help people to
plan for their care costs, in line with the introduction of the
cap on care costs in October 2023. The Government have also held
initial discussions with the ABI. What is interesting about those
conversations is that we were clear that this will not be
spontaneous, and that these measures will emerge with time as
people start to understand the parameters and the amounts that
they need to raise for their future. We hope to continue these
conversations with a broader range of sector representatives in
the months to come.
I give this pledge to noble Lords across the Committee: I want to
learn from the expertise in this Committee. Some very valuable
points have been made in this debate. I will hope to take them
back when discussing with the Government the future course of the
Bill. We will be listening and there is great and deep expertise.
As I indicated before today's debate, I would like to have a long
conversation with the noble Lord, , and others because there are
some valuable points being made.
It is important to see the reforms as a package. The noble Lord,
, said—and this is something we
should all be aware of—that this should not be something for the
wealthy; it should be for everyone. There is not just the cap,
but also a much-extended means test. It is about how we can
support people with their care costs right from the beginning and
be aware.
The problem with being purely private, as I think the noble
Baronesses, Lady Wheeler and Lady Brinton, said, is that there
might be some who cannot afford to take out some of these
products—those with less or the just about managing. In that
case, unless one is a complete anarcho-capitalist, one would see
a role for the state to help those who are unable to make those
informed decisions.
Regarding equity release schemes, the deferred payment schemes
are effectively a local authority-administered equity release
scheme and available in certain circumstances. The Build Back
Better document says that we want to make these more accessible,
better value and not necessarily for profit.
A number of noble Lords asked questions about raising awareness.
We have committed to providing information. We want to make sure
that those looking to prepare for their own future, or maybe
helping their parents prepare for the future, make informed
decisions. It is critical that we make sure that they are getting
independent advice. I welcome noble Lords’ advice on how we
ensure that we make that distinction between advice, objective
advice and pure sales. We also want to work on how to improve
access to this advice, for example through the citizens advice
bureaux.
My noble friend talked about people paying for
their own care. For this Government, it is about balance. We
recognise—as I said previously and many other noble Lords have
said—that people do not start thinking about this until it is
sometimes quite late. We agree that people should pay towards
their care, but we want to make sure that they can somehow plan
and overcome this issue of unpredictable costs at the same time.
How do we get the balance right between personal responsibility
and state support for those unable to provide for themselves?
My noble friend also talked about equity release schemes and
existing equity release schemes. He made some very interesting
points, as did the noble Lord, , on these. We should take them
on board.
The noble Baroness, Lady Brinton, talked about the possibility of
the insurance market. We agree that the most important point is
that the cap in itself will not mean that an insurance market
will magically spring up. It will take time for the industry to
understand and work through the consequences—particularly the
very clever minds in the insurance industry—and then to see what
demand there is from the public.
We need to make sure there is a better understanding of who pays
for what, as the noble Baroness, Lady Brinton, said. An extensive
campaign should be launched. We very much hope once again to draw
on the experience of noble Lords across the House in reaching the
public. We are finding this with some other health issues. How do
we reach those difficult-to-reach markets?
We will publish details of policy parameters later. I will end
with a couple of points. My noble friend talked about Denmark. It is
important that we learn from the best and worst international
experiences. If my noble friend can send me details of other
international schemes, we will look into those.
The noble Lord, , said that women tend to look
after men. My wife would probably say that that is not just in
old age—I think they start rather young. As my wife says to me,
she has two sons but three boys.
I apologise if I have not covered all points made by noble Lords
today. If I have not, I hope noble Lords will write to me and
follow up. I will try to get the answers if I can. I thank the
noble Lord, , for securing such an important
debate today and thank all noble Lords who have taken part.
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