Personal Health Budgets

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If a council has agreed to allow a direct payment budget holder to spend it on employing a relative living with them, is the NHS duty bound to uphold that when CHC takes over, or can they disregard it? Thus forcing the needy person to use outside carers?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Employing family members with a Direct Payment or health budget, How NHS services and Continuing NHS Health Care fit in with the Care Act, NHS CHC/ICB Q&As, Personal Health Budgets, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on NHS CHC/ICB, Using a Direct Payment or PHB to pay Close Family Members in the same household, What it means to ask for a Direct Payment or PHB under the Care Act, the Mental Health Act and NHS Continuing Healthcare /

The NHS is not bound by the view that the local authority took to this issue, but must conscientiously take account of the council’s reasoning at the time, in the light of the evidence presented to the council first time around. That is what public law principles would require. The NHS Framework for CHC says […]

If a council has agreed to allow a direct payment budget holder to spend it on employing a relative living with them, is the NHS duty bound to uphold that when CHC takes over, or can they disregard it? Thus forcing the needy person to use outside carers? Read More »

Are there any allowances for employing relatives through CHC funding? If so, is it harder (or different) to achieve than through council funding/direct payments?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Employing family members with a Direct Payment or health budget, How NHS services and Continuing NHS Health Care fit in with the Care Act, NHS CHC/ICB Q&As, Personal Health Budgets, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on NHS CHC/ICB /

There are rules for this issue, in the Personal Health Budget regulations, as amended. When the regulations on direct payments in the NHS (for CHC and some other services) were issued in 2013, there were, at first, NO rules about close relatives doing the work at all, and being paid out of the budget, but

Are there any allowances for employing relatives through CHC funding? If so, is it harder (or different) to achieve than through council funding/direct payments? Read More »

When moving to CHC funding from a direct payment, is there any obligation for the NHS to continue to employ the PAs that were funded through direct payments, if they are still able to provide an appropriate amount of care?

Leave a Comment / Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, How NHS services and Continuing NHS Health Care fit in with the Care Act, NHS CHC/ICB Q&As, Personal Health Budgets, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on NHS CHC/ICB, The ICB’s duties and challenging the decision, The scope of the Care Act and ‘Primary Health Need’ as the central concept for eligibility /

Regardless of which organisation is liable for funding the care, the appropriateness of the care provided is the most important element and it could be argued that the PAs should remain employed for the continuity of care, familiarity with the person receiving care and for their well-being. In that situation, the person getting CHC status

When moving to CHC funding from a direct payment, is there any obligation for the NHS to continue to employ the PAs that were funded through direct payments, if they are still able to provide an appropriate amount of care? Read More »

Are Direct Payment budgets the same as Personal Budgets documents?

Leave a Comment / Care Planning, Budgets and Choice Rights, Difference between the Direct Payment/PHB function and contracts between the holder and the service provider/employee, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Personal Health Budgets, Personal Health Budgets differentiated from Direct Payments, Q&As on Direct Payments, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs /

No. A personal budget is the statement of the whole of the expenditure by the council on meeting needs, under s26 of the Act, and is made up of the person’s assessed charge and any shortfall from the council.  A direct payment budget is that part of a personal budget that the council has regarded

Are Direct Payment budgets the same as Personal Budgets documents? Read More »