No. Benefits and care are separate systems and it’s possible to have needs for care and support which are eligible for a care package without qualifying for any disability benefit, which is decided in a different way.
Does someone need to be claiming PIP to get a care package? Read More »
Local authorities are supposed to make assessment itself, holistic and wider than just social care needs, if, for no other reason, just to refer people to the right ‘opening’ to make other agencies in the welfare law framework, consider their own duties. In particular, under the Care Act Assessment Regulations, councils are obliged to make
This is really more of a referral than a one off question, but at a level of PRINCIPLE we can say this: A person with a direct payment which is insufficient to recruit PAs shoulda) challenge the sufficiency of the personal budget, evidencing the efforts they have made to recruitb) ask the council to agree
Yes it is, as long as the person’s human rights are considered, ie their right to respect for their home and their private life. In those circumstances – ie some sensitivity as to what the tech monitors and assuming it leaves some parts of the person’s life private – as per expectations of common decency
This question needs to be broken down: the only things that make it into a care plan of any sort are things which a professional accepts is part of what’s required to meet the needs to an adequate appropriate standard. That’s the first thing. If this is a question as to who should be paying
a) No, the ICB is only responsible for evaluating whether someone’s health, social and personal care needs ADD UP to the concept of Primary Health Need, which then entitles the person to CHC – NHS continuing healthcare status and funding. Once a person is eligible for that form of care, there is a duty to
This is too long a question to be answered by this service but the answer can be googled and found here: https://guidance.nrpfnetwork.org.uk/reader/practice-guidance-adults/ (which does not mention the Aburas case, despite being dated March 2023, so it is not the be all and end all on the subject, in our view) https://england.shelter.org.uk/professional_resources/legal/housing_options/help_for_people_ineligible_for_housing_or_benefits/restrictions_on_community_care_help_for_people_from_abroad (not sure when last
Yes, but only if you have gone through s10 Carer’s Assessment process, and been found eligible for support, and yet refused the funding for the rational cost of meeting your support needs. Putting this another way, they are the decision makers as to what they feel they must support or otherwise, but they are bound
Can I challenge Social Care on failing to meet my needs as a carer? Read More »
What they are paid to do, from the care plan, is simply ignored, for the purposes of considering the person’s inability to achieve and impact arising from that deficit, across the eligibility domains. The same rule is applied to the care paid for through any commissioned contract, otherwise nobody would ever have their full needs
No; processes have been being conducted online since 2020 where it was feasible and there is no obvious reason to stop doing that if it was a mode that was appropriate for the service user and did not prevent the essence of the process in hand. It might be more or less important to see