Eligibility criteria for the provision of NHS fully paid continuing care to patients/clients should be jointly agreed between the health authority and social services under current firm guidance from the DoH.
In our view, just like housing, this service is a completely distinct matter from s117 services (see Housing) Wherever such services are provided – including in a nursing home, they are provided free of charge if a client’s needs are predominantly health care needs. If a person qualifies for s3 NHS A 1977 nursing/aftercare they do not need anything else in their s117 care package.
Section 117 needs can be assessed after provision of other services such as these, so long as there is nothing in the legislative framework governing that particular service, prohibiting its provision on the grounds that it is able or obliged to be provided, under another statutory provision (ie such as s117). There is no such limitation applicable to the section under which continuing care is provided – s3 NHSA.