Disability Alliance UK - Frequently asked advice questions on community and residential care

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).

You can get an application form and find out more from the DirectGov website.

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. It is now permanently closed to new applicants. For more information see www.disabilityalliance.org/ilf.htm

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 provides housing-related support to prevent problems that can lead to hospitalisation, institutional care or homelessness and to support people leaving an institutional environment.

Q10. What is personalised care planning?

The ‘Personalisation Agenda’ is intended to apply to all community care service users in England by 2011.

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.

You can find out more information in our Factsheet F 59 - personalisation and the right to control.

Q11. What is the Primary Healthcare Needs Test?

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.

Q14. What is the right to control?

The Right to Control is a new legal right for disabled adults. It aims to give you more choice and control over the support you need to go about your daily life. It proposes that agencies should work together to provide personal budgets made up of several funding schemes. Pilots began on 13 December 2010. You can find out more information in our Factsheet F 59 - personalisation and the right to control.

Q15. What if I have a complaint against my social worker?

All social workers follow a Code of Practice, which sets out the standards expected of them. If your social worker isn’t meeting these standards you have the right to complain.

You can complain to your social worker's employer, such as your local council but if you are concerned that your social worker’s behaviour calls into question their suitability to continue in their job, you can alert the General Social Care Council (GSCC), who can investigate further.

If you have serious concerns about any social worker you can contact GSCC in the following ways:

telephone: 01788 532 405
email: conduct@gscc.org.uk
by writing to:

Conduct Group
General Social Care Council
Myson House
Railway Terrace
Rugby
CV21 3HT

You can find out more information on the GSCC website at http://tinyurl.com/65kzog7.

Q16. How do social services decide who needs help in England?

Councils use Prioritising need in the context of Putting People First: a whole system approach to eligibility for social care - guidance on eligibility criteria for adult social care, England 2010 to decide who can get social care support. This guidance replaces Fair access to care services - guidance on eligibility criteria for adult social care. You can view and download a copy of this guidance from the Department of Health website at http://tinyurl.com/yagmxtv.

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