Impact in terms of the Care Act eligibility threshold

When someone has an existing care package in place and their needs increase to such a point that they require two to one care, does the council have a duty to provide more money to fund a second carer, or can they force a reduction in the over all care hours to split the budget between two carers instead, leaving the service user with fewer hours support overall?

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Due process in eligibility decision-making under the Care Act, Due process requirements for Lawful Assessment, Due Process requirements for revising any care or support plan based on the Care Act regime, Eligibility under various legislative frameworks for care and support, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Impact in terms of the Care Act eligibility threshold, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Q&As on Care planning, Cuts, and Personal Budgets, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Reviews and revisions of Continuing NHS Healthcare and s 117 Aftercare plans, Reviews, Revisions and Re-assessments under the Care Act, Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, The council's review of a Direct Payment Plan and Use of the Money /

When needs change, in frequency, intensity, or complexity, or change nature, there needs to be a review to consider whether the plan and budget need to be revised. The plan and budget are needs led, so logically, an increase in needs means an increase in budget, OR a change in way needs are met. It […]

When someone has an existing care package in place and their needs increase to such a point that they require two to one care, does the council have a duty to provide more money to fund a second carer, or can they force a reduction in the over all care hours to split the budget between two carers instead, leaving the service user with fewer hours support overall? Read More »

Equipment Services

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Eligibility under various legislative frameworks for care and support, Equipment services, Historical, Historical Equipment services, Impact in terms of the Care Act eligibility threshold, The duty to promote Wellbeing under the Care Act, The legal framework for which agency is responsible for various types of equipment, The meaning of ‘Unable to Achieve’ for Care Act purposes, The role of occupational therapist in adult social care and continuing nhs healthcare /

The Department of Health has provided guidance for planning in this field under HSC 2001/008 and LAC (2001)13. The guidance refers officers and authorities to the NHS Plan, and its proposals for modernising and streamlining the equipment services currently provided by both local authorities and the HS. Intermediate care monies and the Health Act flexibilities for joint

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If we interpret the eligibility criteria narrowly, can we be challenged?

Leave a Comment / Assessment and Eligibility, Eligibility Findings Q&As, Eligibility under various legislative frameworks for care and support, Impact in terms of the Care Act eligibility threshold, Q&As on Eligibility for funding or services /

Local authorities can no longer set their own eligibility criteria and must use those in the Care Act eligibility regulations. However there will still be issues of interpretation. Our view is that Gloucestershire ex p Barry will still apply to the issue of interpretation and that criteria cannot simply be cranked tighter and tighter until no-one ever

If we interpret the eligibility criteria narrowly, can we be challenged? Read More »

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Children Act 1989 services, Delay, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Due process requirements for Lawful Assessment, Eligibility under various legislative frameworks for care and support, Employing family members with a Direct Payment or health budget, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Impact in terms of the Care Act eligibility threshold, Judicial Review, Personal Health Budgets differentiated from Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The duty to promote Wellbeing under the Care Act, Using a Direct Payment or PHB to pay Close Family Members in the same household /

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Keywords: Disabled children, parent carer, assessment, eligibility criteria This case concerns events which occurred prior to the implementation of EHC plans under the Children and Families Act 2014. However, the core issues relate to social care

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Read More »