Paying for necessary goods and services

If someone lacks capacity and therefore cannot be included on a tenancy (lives with parents) can any rent contribution be disregarded in the financial assessment? Or should ESA cover this?

Leave a Comment / Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Housing Q&As, How housing rights fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services, Q&As on Direct Payments, Q&As on Housing /

ESA includes an element for a lodging fee (i.e. for a person living in a non-contractual licence to be in the property) and there is caselaw to say it cannot be disregarded both as being a constituent element of the minimum income guarantee, and as housing costs or disability related expenditure, whether or not a […]

If someone lacks capacity and therefore cannot be included on a tenancy (lives with parents) can any rent contribution be disregarded in the financial assessment? Or should ESA cover this? Read More »

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both?

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Deprivation of Assets to avoid paying for care, How housing rights fit in with the Care Act, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services, Q&As on Care planning, Cuts, and Personal Budgets, 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, Supported Living and Care, The ICB’s duties and challenging the decision /

It is unusual for housing to be paid for by an ICB and council for a person on s117 aftercare, but not wrong in principle. If he were to move to his own home and sign a tenancy, his legacy would mean he would not get benefits. He may prefer to do that, in terms

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both? Read More »

Lancashire & South Cumbria NHS Foundation & Anor v AH (Rev1) [2022] EWCOP 45

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services /

P is a person of 46 years of age with mild learning disabilities, possible personality disorder. She lived independently until December 2021 with type 1 diabetes of a nature that was well able to be controlled when managed correctly. There was a documented history of non-compliance with her diabetes management regime, lack of engagement with

Lancashire & South Cumbria NHS Foundation & Anor v AH (Rev1) [2022] EWCOP 45 Read More »

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments?

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process requirements associated with Direct Payments and Health Budgets, How the Care Act fits in with the Mental Health Act (and s117 aftercare), How the Mental Capacity Act affects the Care Act, Mental Capacity and Best Interests Q&As, Mental Health Act Q&As, Paying for necessary goods and services, Q&As on Direct Payments, Q&As on Mental Capacity and Best Interests decision-making, Q&As on the Mental Health Act, Relevance of Mental Capacity to Care Planning, Relevance of mental incapacity for holding a Direct Payment or Health Budget 1, The relevance of Mental Capacity to hold a direct payment under the Care Act (or other legislation) /

Section 31 provides for direct payments as an optional way of using your budget after an assessment and care planning process, for those people who have sufficient capacity to request a direct payment, ie understand the essence of what it means, which is, in our view, taking charge of your own commissioning or employment arrangements

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments? Read More »

Hijazi v Kensington & Chelsea Royal London Borough Council [2003] EWCA Civ 692

Leave a Comment / How housing rights fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services /

Housing – intentionally homeless – review – evidence H was an assured shorthold tenant of a flat in south-west London, where he lived with his partner and two children. He fell into rent arrears and his landlord obtained a possession order against him. After he was evicted, he applied to the authority for assistance as

Hijazi v Kensington & Chelsea Royal London Borough Council [2003] EWCA Civ 692 Read More »