The government has published draft rules as a basis for consultation on reforming the ‘postcode lottery' of long-term care eligibility criteria.
The documents said, from April 2015, subject to the passage of the Care Bill, the government is intending to specify a new national minimum eligibility threshold for councils to implement.
Care needs that are defined as "eligible" vary from one area to another. Local authorities are able to set their own "eligibility threshold" or "criteria", based on a framework which is set out in national guidance.
Currently, councils assess people as having "critical", "substantial", "moderate" or "low" needs. The new eligibility criteria would be equivalent to "substantial" needs in the current system, which the vast majorities of local authorities currently implement.
The draft rules said: "This approach has led to perceived wide differences between areas, and inconsistency in the offer made to local people, confusion and legal challenge.
"Because local authorities are able to vary this threshold over time, it has also led to a fear that people may lose their care and support if "eligible needs" are reclassified locally."
The government confirmed there will be a consultation period to collect evidence to ensure the national eligibility criteria will offer "more clarity, transparency and consistency."
The draft rules documentation also said there will be a change in emphasis focussed on the person receiving care, promoting their well-being and reducing or delaying care needs, including how they connect with their community.
Norman Lamb, minister of care and support said: "We propose to set the national threshold at a level which would in terms of its practical outcome be equivalent to "substantial" in the current system. This is the level currently operated by the vast majority of local authorities.
"However, in designing the approach set out in these draft regulations for discussion and debate, we have endeavoured to learn from feedback around the operation of the current banding system, and ensure that eligible needs are described in the language of the Care Bill, focused around the impact on well-being.
"The draft regulations should not be seen merely as a continuation of the old system, but as part of the reformed care and support system."
Meanwhile, campaigners such as Age UK and Scope have warned the criteria may be set too high and could act as a barrier to many older people with moderate care needs gaining help from the state.
This week, the Spending Review announced the government is intending to put £3.8 billion into a pooled budget for integrated health and social care, as well as financing the introduction of a capped cost model on care fees.
