NHS CHC/ICB Q&As

Q: I have received notice of a nursing fee increase for a relative. I challenged the support hrs costed. He is in their low dependency unit where it’s categorised as “dependency level 16-19”. His support hours costed in, is 25 hours per week. But I can only account for 20hrs.

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They have responded stating their minimum support hrs for the unit is 25 hrs week and anything on top will be costed as an addition. And that the balance of 5 hrs are for background support. Q1. Is there a minimum support hrs prescribed by any regulations for nursing homes?  A: No there is not. […]

Q: I have received notice of a nursing fee increase for a relative. I challenged the support hrs costed. He is in their low dependency unit where it’s categorised as “dependency level 16-19”. His support hours costed in, is 25 hours per week. But I can only account for 20hrs. Read More »

How long should the move from a joint care budget to chc funding take?

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If a person has qualified for full CHC after going through a decision support tool mapping of assessments exercise, and being found to have got a primary health need, the local authority doesn’t have the legal power to continue meeting need, because of s23 of the Care Act. So, whilst nothing is instantaneous these days,

How long should the move from a joint care budget to chc funding take? Read More »

Adult relative with severe learning disability and health needs[ lacks capacity and has a deputy with COP with health/finances] has no care plan for his PHB with their ICB.

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ICBs are legally obliged to produce and maintain care plans even though CHC framework is non- statutory.  They have been forced to pay for services which is leaving both the person and their family in debt. This is too ambiguous for me to grapple with.  It might mean that the budget is insufficient as a

Adult relative with severe learning disability and health needs[ lacks capacity and has a deputy with COP with health/finances] has no care plan for his PHB with their ICB. Read More »

The ICB’s input to my son’s joint Section 75 funding has been removed on review despite the process and documentation showing that there has been no change in his health related needs. The reason given was ‘There is no primary health need and none of his needs are outside the remit of social care’. I have been told by the Social Worker involved that the decision is final and there is no route of appeal. It seems to me that they have just trotted out a standard CHC assessment response which does not evidence that his needs have reduced or changed to the extent that there is no longer a primary health need etc. If I don’t have reasoned reasons for their decision I am unable potentially to challenge. How should I be approaching this, please?

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Section 75 funding is NOT where ‘CHC’ money comes from. So any reference to primary health need as a justification from withdrawing from a shared care arrangement is an error of law on the part of the ICB and instantly recognisable as such. CHC money – which does turn on primary health need – can’t

The ICB’s input to my son’s joint Section 75 funding has been removed on review despite the process and documentation showing that there has been no change in his health related needs. The reason given was ‘There is no primary health need and none of his needs are outside the remit of social care’. I have been told by the Social Worker involved that the decision is final and there is no route of appeal. It seems to me that they have just trotted out a standard CHC assessment response which does not evidence that his needs have reduced or changed to the extent that there is no longer a primary health need etc. If I don’t have reasoned reasons for their decision I am unable potentially to challenge. How should I be approaching this, please? Read More »

What limits, if any, are there, on the social care needs which must be met?

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The implication of the National Framework (and it is a document written deliberately opaquely, in my view) is that the types of need (deficit, difficulty, problem, issue) that MUST be met are the areas of need that would be recognised as areas of eligible needs under the Care Act, and not otherwise. This is not

What limits, if any, are there, on the social care needs which must be met? Read More »

Ought it to also cover the sort of ‘social care needs’ which people receiving social care must go without/fund themselves?

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No – and in my legally informed opinion, it is very unlikely that a person would win a case based on that assertion, because no public service has a duty to meet either the needs that are not capable of being regarded as in the nature of public services (ie company for its own sake

Ought it to also cover the sort of ‘social care needs’ which people receiving social care must go without/fund themselves? Read More »

The NHS CHC framework says this relates to all the Care Act 2014 criteria. How should this play out, in practice?

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The CHC National Framework doesn’t say exactly that, no. It says that the identifying the scope of social care, for the question of eligibility decision making as to who has a primary health need – regarding the sort of profile of need that is beyond that which a council can lawfully be expected to provide

The NHS CHC framework says this relates to all the Care Act 2014 criteria. How should this play out, in practice? Read More »

People who receive NHS CHC are entitled to have their eligible health *and social care* needs met. The NHS CHC framework says this relates to all the Care Act 2014 criteria.

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People who receive NHS CHC are entitled to have their eligible health *and personal and social care* needs met. It is true, as a matter of law, but the question of HOW that should be done, is for the ICB, and that is a matter of professional judgement, where they have a certain amount of

People who receive NHS CHC are entitled to have their eligible health *and social care* needs met. The NHS CHC framework says this relates to all the Care Act 2014 criteria. Read More »