- 27th January 2015
- Posted by: Seatons Solicitors
- Category: Articles, Residential Care Fees
At Seatons, we primarily focus on the funding of care and NHS Continuing Healthcare. If you have been informed that your relative is receiving an NHS Continuing Healthcare assessment you may wonder what guidelines should be followed by the NHS.
The primary guidelines that the NHS must follow are called the National Framework for NHS Continuing Healthcare and NHS Funded Nursing Care which is freely available on the Internet. The fundamental principle of a NHS Continuing Healthcare assessment is that the health care needs are assessed as a whole not how they are being managed.
There are different stages of Continuing Healthcare. The first assessment is the Checklist assessment and you can request that this is completed if you believe that your relative has a health need rather than a social need. The Checklist determines whether a full assessment should be completed. If you are unhappy with the outcome you can appeal the decision and request that another Checklist is completed.
If the Checklist is positive is does not mean that your relative is eligible for NHS Continuing Healthcare funding. Stage two of the process is the Decision Support Tool. The professionals completing the Decision Support Tool make a recommendation on eligibility for NHS Continuing Healthcare.
The overriding point whether someone is entitled to NHS Continuing Healthcare is the legal limit for Local Authority care. If the limit beyond which a Local Authority can provide is met, social needs, then the NHS must fund the care as it is instead a health need.
If your relative becomes poorly very suddenly then the Fast Track Pathway Tool is used. It is the same process as above but is completed as a matter of priority. It is usually used when a person is nearing the end of their life.
If you need any assistance with funding care or you believe that your relative has a health need please do not hesitate to contact us on 01536 276300.