Local authority emergency care home funding
The council has a statutory duty to act in a care emergency. Here is exactly how to invoke it, what it pays for, and what the means test does in the background.
The short answer. Section 19(3) of the Care Act 2014 says the council can meet needs in an emergency before any assessment is complete. The duty applies in England. The means test runs in parallel, not as a precondition. The upper capital limit is £23,250 (England, 2026/27); below that the council pays the contract rate. The family home is disregarded for the first 12 weeks of a permanent placement.
Section 19(3): the emergency power
The Care Act 2014 gives councils explicit emergency power. Use the wording on the phone:"Section 19 of the Care Act, this is an emergency, the person has needs that cannot wait for full assessment."Care Act s.19 ↗
How the means test works in an emergency
- Care starts. The means test does not delay it.
- The council asks for bank statements and pension proof within 14 days.
- Savings above £23,250 (England) make the patient a full self-funder.
- Savings between £14,250 and £23,250 trigger a tariff income calculation.
- Below £14,250, only income (pension) counts; capital is fully ignored.
How the family home is treated
For a permanent care home stay, the home is disregarded for the first 12 weeks. After that it counts as capital, unless a qualifying person still lives there (spouse, dependent relative, or a relative aged 60+ who has lived there 12+ months). For temporary or respite placements, the home is always disregarded.Care and Support Statutory Guidance ↗
Frequently asked
Can the council refuse an emergency placement on cost grounds?
No. Section 19(3) does not allow a means-test refusal up-front. The council must act first, assess after.
What if the patient lives alone and refuses to leave?
Capacity matters. With capacity, the council records the refusal and the risk. Without capacity, a best-interests decision under the Mental Capacity Act can authorise a move.
Is the upper capital limit the same in Scotland and Wales?
No. Scotland's limit is £35,000 (2026/27). Wales is £50,000. See the nation pages.
Last reviewed 2026-06-21. Clinical reviewer pending appointment (target Sep 2026); meanwhile reviewed by the editorial team.