This is a work in progress.
The formatting is lost in this copy / paste post
An easier to read version is downloadable here:
dropbox.com/s/b4m87bvfekm22...
I do hope it is useful to someone. If only as an aid to sleep.
I am still reading and am happy to give answer questions.
Waiving
Kevin
PS There is information here on how you might apply for CHC Care if you are currently on Means Tested Social Care as well as how to claim back monies you have already spent.
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Continuing Health Care Help Index
These notes are an abstract of some of the superb Care to be different website (caretobedifferent.co.uk) which is an excellent resource for Continuing Health Care applications and problems.
The director makes one point often – Keep a diary and make notes off who, what, when and where things like meetings, conversations and assessments occur. Add your own comments too. This information is very helpful if things don’t go the way you want.
Home Care and Care Home Home Funds and Fees
caretobedifferent.co.uk/pay...
If you’re paying care home fees (or paying for full-time care at home) and you have health needs, you could be entitled to NHS Continuing Healthcare.
There are two different Nursing Care Pathways
There are two types of nursing care funding:
1. Fully-funded NHS care is called NHS Continuing Healthcare. This covers 100% of care fees.
2. Registered Nursing Care Contribution (RNCC) or Funded Nursing Care (FNC) is a weekly allowance to cover some nursing care.
You should ALWAYS be assessed for NHS Continuing Healthcare BEFORE you’re assessed for FNC.
Keep in mind that the Funded Nursing Care payment is currently £110.89/week (from 01/04/14).
If you have health needs and someone speaks to you about an ‘assessment’, make sure it’s an assessment for NHS Continuing Healthcare and not a Local Authority financial assessment.
Sadly, online forums such as the Alzheimer’s Society’s Talking Point and the Parkinson’s UK forum and others show that many families feel caught between the local authority and the NHS – often pressured to undergo a financial assessment and yet trying to get through the NHS Continuing Healthcare process at the same time.
NHS Continuing Healthcare
caretobedifferent.co.uk/pay...
NHS Continuing Healthcare is also known as ‘Continuing Care’ or ‘Fully Funded NHS Care’.
*What does it cover?
*Should you be assessed?
How to get assessed for Continuing Care
caretobedifferent.co.uk/pay...
This page also gives links to the guidelines the assessors should follow and the forms they complete.
Letting the assessor know you have read up a little on the process often ‘encourages’ them to take more care. Reading the guidelines which they are meant to follow means that you will be aware of any departures from protocol. This can become a crucial part of any appeal you might want to make later.
Downloading and completing the forms yourself is another way of gathering evidence for an appeal.
Ask for copies of their Check list (For the first stage of the assessment and the ‘Decision Support Tool’ for the second stage.
Important: If the assessment is taking place in the Hospital of a Home – be there and be part of it.
What are the different stages of NHS Continuing Care assessment and appeal?
caretobedifferent.co.uk/wha...
What are the NHS Continuing Healthcare assessment guidelines?
caretobedifferent.co.uk/con...
The Coughlan case
caretobedifferent.co.uk/pay...
Why being re-directed to Social Services means tested care might be unlawful.
The case clarified the law regarding fully-funded NHS Continuing Healthcare. The Court of Appeal stated that…
“…where the primary need is a health need, then the responsibility is that of the NHS, even when the individual has been placed in a home by a local authority.”
Care should never be split between Social Services means tested care and Continuing Health Care.
NHS Continuing Healthcare assessments – and the legal limit for local authority responsibility
caretobedifferent.co.uk/nhs...
The Coughlan case also clarified the law regarding responsibility for long term care funding, and reinforced a legal limit for local authority responsibility. If the local authority accepts responsibility for the care of a person with needs above this limit, it is acting unlawfully.
The judgement in the Coughlan case confirmed that the majority of nursing care needs, even many low-level day-to-day nursing care for needs that are considered ‘stable’, are often the responsibility of the NHS to fund – not the local authority.
And so, in an NHS Continuing Healthcare assessment of your relative’s needs, one way to check that the social worker is playing an active role is to ask them how exactly they have evaluated your relative’s needs against this legal limit.
NHS Continuing Healthcare assessments: The vital question to ask the social worker
caretobedifferent.co.uk/nhs...
CHC Assessments are required to be Multidisciplinary assessments. Sadly and unlawfully it is just one Nurse who undertakes them. If this happens make a note of it, This could be part of an appeal later on.
What are the different stages of NHS Continuing Care assessment and appeal?
caretobedifferent.co.uk/wha...
What are the NHS Continuing Healthcare assessment guidelines?
caretobedifferent.co.uk/con...
Care home top-up fees: Do you really have to pay?
caretobedifferent.co.uk/car...
Top-up fees relate to local authority care/social care and do not apply to CHC funding. So, even though you can’t top up CHC, the NHS can’t simply dictate what care home a person has to be in if they receive CHC. I have known people receive full CHC funding in homes that cost over £1000 per week.
Continuing Care Fast Track assessments – how to get a quick decision
caretobedifferent.co.uk/con...
“Individuals with a rapidly deteriorating condition that may be entering a terminal phase, may require ‘fast tracking’ for immediate provision of NHS continuing healthcare.”
NHS Continuing Healthcare denied? Here’s what to do first…