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Frequently asked questions - community and residential care

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If there is a question that you have been puzzling over why not suggest a faq. This page last updated 19 January 2009.

Q1. Do I have to pay community care charges?

Q2. How are residential care charges assessed?

Q3. How do I complain about an assessment or if I am charged for services?

Q4. What are direct payments?

Q5. Where can I find out about power of attorney?

Q6. Do I have any rights as a carer?

Q7. What is the independent living fund?

Q8. What if I am being discharged from hospital?

Q9. What is "supporting people"?

Q10. What is personalised care planning?  

Q11. What is the Primary Health Care Needs Test and where can I get a copy of exactly what the test implies in detail?

Q12. What help can I get to adapt my home?

Q13. How are my benefits affected if I go into residential care that is fully funded by the NHS?

Q1. Do I have to pay community care charges?

Whether you are required to pay for any care you receive depends on your income. To find out about local authority charging policies for community care services in England, Northern Ireland, Scotland and Wales see Factsheet F3 - charging for community care.

Q2. How are residential care charges assessed?

Once it has been agreed that you need to enter residential care your local authority will make an assessment to see how much you have to pay. To find out about local authority charging policies for residential care in England, Northern Ireland, Scotland and Wales see Factsheet F4 - charging for residential accommodation.

Q3. How do I complain about an assessment or if I am charged for services?

If you are not happy with an assessment decision, or a failure to make a decision there are a number of ways you can complain. For more information about these see Factsheet F6 - complaining about local authority decisions.

Q4. What are direct payments?

Direct payments allow a person who has been assessed as needing particular services to receive cash to arrange and pay for those services. For more information see Factsheet F5 - community care direct payments.

Q5. Where can I find out more about power of attorney?

If you cannot manage your affairs or feel that this may be the case in the future you can choose someone to decide what is done with your financial affairs and property. This is known as giving them lasting power of attorney (LPA). The Office of the Public Guardian has a number of publications in various formats about aspects of LPA, available at www.publicguardian.gov.uk.

Q6. Do I have any rights as a carer?

You have a right to a local authority assessment, which may affect the services you or the person you care for receive. The rules are slightly different for each country in the UK. For more information see our Disability Rights Handbook.

Q7. What is the independent living fund?

The independent living fund (ILF) provides financial help with your care package to help you remain in the community rather than enter residential care.

The ILF will not be accepting any new applications for the remainder of the year (2010), and is unable to make any further awards, except those they have already agreed to fund.

For more information see Factsheet F54 - independent living fund.

Q8. What if I am being discharged from hospital?

If you are being discharged from hospital and have care needs the hospital must notify the relevant local authority. The local authority should then make an assessment in order to ensure that appropriate support is in place when you return home. For more information see our delayed discharge from hospital page.

Q9. What is "supporting people"?

The "Supporting People" programme was introduced on 1 April 2003. The programme aims to plan and manage housing related support services at a local level. Some support services previously supplied as part of housing benefit are now supplied under this programme. For more information see our supporting people and housing benefit page.

Q10. What is personalised care planning?

The aim of personalised and integrated care planning is to provide a care plan that covers your full range of needs. It recognises that there are other issues in addition to medical needs that can impact on your total health and well-being.

A personalised care plan should therefore take into account not only your health but also your personal, family, social, economic, educational, mental health, ethnic and cultural background and circumstances. It should also focus on what you want your care to achieve, for example to help you live independently, achieve at school or return to work.

You can read summaries of discussions regarding personal care planning on our independent living - choice and control for disabled people conference web pages.

Guidance on personalised care planning for commissioners of health and social care services is contained within supporting people with long term conditions: commissioning personalised care planning.

Q11. What is the Primary Health Care Needs Test and where can I get a copy of exactly what the test implies in detail?

If, when assessing your care needs, your 'primary need is a health need' you will be eligible for NHS Continuing Healthcare rather than local authority funded care.

The National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care sets out the principles and processes of the for NHS Continuing Healthcare.

Paragraph 7 of the framework says that "Continuing care" means care provided over an extended period of time to a person aged 18 or over to meet physical or mental health needs which have arisen as the result of disability, accident or illness. "NHS Continuing Healthcare" means a package of continuing care arranged and funded solely by the NHS. The actual services provided as part of that package should be seen in the wider context of best practice and service development for each client group.

Paragraph 24 of the framework says that you will have a "primary health need" where taken as a whole, the nursing or other health services you need are:

i. more than "incidental or ancillary" to the provision of accommodation which local authority social services are under a duty to provide; and

ii. are beyond those which a local authority could be expected to provide.

In addition to the National Framework there is also a Decision Support Tool and checklist which is used to ensure that all your needs and circumstances are taken into account when deciding whether you need NHS Continuing Healthcare.

Copies of these documents can be accessed on the Department of Health website at www.dh.gov.uk.

Q12. What help can I get to adapt my home?

There are a number of different schemes in England, Northern Ireland, Scotland and Wales which help you to adapt your property. For more information about this see our page on adapting or repairing your home

Q13. How are my benefits affected if I go into residential care that is fully funded by the NHS?

If your residential care is fully funded by the NHS you are treated as if you are in a hospital or similar institution. To see how your benefits are affected see our Factsheet F7 - benefits in hospital

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