New Proposals for Social Care

With a general election looming, the government are keen to address the hot topic of social care in the UK. The consultation period for the Government’s Green Paper “Shaping the Future of Care Together” ended last November and awaits publication of summaries of the responses and details of the outcome. The paper proposes to reform our current social care system in a number of ways. It seeks to change a system which was set up in the 1940’s when life expectancy was much lower than it is today. In the south west in 2007 18.8% of people were aged over 65 or older compared with 16% for England as a whole. It is projected that these percentages will rise to 24% for the south west by 2026.

The Green Paper aims to create a new National Care Service in respect of long-term care funding. This will have a huge impact, amongst other areas of care, on care home fees funding for the elderly.

The Green Paper suggests three ways in which the National Care Service could be funded; 1. By a partnership between the people and the government where the government will fund around a quarter to one third of the cost of the care as a minimum, but for people with higher care needs they may still need to fund the rest out of savings or against properties. 2. By an insurance scheme where people would be asked to contribute towards the cost of their care or 3. By a comprehensive scheme where everybody (regardless of whether you need care or not) has to contribute towards the cost of their care, but in return, care is free.

However, one area the Green paper does not highlight is the fact that care costs can equally be funded by the NHS via individual Primary Care Trusts (PCT’s).

Those who have higher levels of need can access to a completely separate pot of funding provided by the PCT rather than Local Authorities. The difference in this funding is that it is not means-tested. It can make the difference of not selling your home or using your life savings. The main principle is this: If a person’s primary need is health care then the full cost of their care should be funded by the Primary Care Trust. This is called NHS Continuing Healthcare Funding. Families should be looking into this type of funding before they even consider social care. A continuing care assessment should legally form part of a multi – disciplinary team meeting, including someone from social care and someone from the primary care trust suitable to assess the needs of a person based on their diagnosis. This principle of partnership in a healthcare scenario is only now evolving out of the Green Paper with regard to social care.

There is now a 16 week consultation period following the publishing of the Green Paper after which the Government will produce a White Paper in 2010.

In the meantime, why wait? NHS continuing healthcare funding is available now for all those who fit the eligibility criteria.

Foot Anstey solicitors have a dedicated team of solicitors specialising in providing robust, comprehensive and sympathetic legal advice for older people, their families and carers. We have experience in advising and assisting clients on all legal issues concerning elderly client care ranging from assessing an individual’s entitlement to care, submitting requests for assessment and challenging PCTs refusal to fund care for an individual.

Contact us

If you would like to know more about any of the issues raised then you should contact a member of the Elderly Care Team for a free initial telephone discussion and we will do our best to put you at ease and advice on the best course of action.

We are happy to make home, care home or hospital visits for those unable to attend appointments at our office.

Asha Beswetherick

Tel: 01752 675021
Email: asha.beswetherick@footanstey.com
Foot Anstey Solicitors
Salt Quay House
4 North East Quay
Sutton Harbour
Plymouth
Fax: 01752 675500

If you find  yourself  in the position of no longer being able to care for yourself alone, you may be looking at the options provided by a care home.

Care homes, whether state or privately run, now provide the care previously provided in a hospital setting and so used to be available free of charge under the NHS.

The cost of care fees is enormous and often means that you face the prospect of either your home being sold or  your life savings becoming rapidly depleted.  But there are steps that can be taken to minimise this, including obtaining free care from the NHS.

If your primary need for care is  “healthcare” then under the new National Framework Eligibility Criteria you could be entitled to receive free care from the Primary Care Trust of the NHS (PCT) regardless of your financial means.  This is called “NHS Continuing Care”.

Your eligibility is assessed against a National Decision Support Tool to ensure uniformity of approach and to look at all aspects of your mental and physical health care needs in assessment.  A decision is then taken regarding eligibility.  If you are eligible then your care is  provided free of charge, as long as you continue to meet the criteria. It is also possible to receive Continuing Care in your own home if you are eligible. 

No one should move into a care home setting without checking their eligibility.  This could save you thousands of pounds and ensure that the assets you worked hard to acquire are preserved for the future.  If you are assessed and found not to meet the criteria, you can appeal against this decision.

If you are already in a care home and paying for your own care either in full or in part then it is still possible to request an assessment, and you may even be able to claim reimbursement for fees already paid, retrospectively.

Alternatively you could find that you are entitled to receive a contribution towards your fees by obtaining a Free Registered Nursing Care Contribution.

Of course everyone receiving care services is entitled to receive a contribution from the Local Authority,  following a financial assessment of means, if their capital savings fall between £23,000 and £14,000, after which you are no longer required to contribute from capital, but you may be required to contribute from any income you receive.  There are also a number of Welfare Benefits which can help.

It is always worth checking that you are receiving all the support and financial help that you are entitled to.

PCTs and Social Services have a myriad of procedures which makes voicing your concerns and challenging decisions difficult at any time, not least when you are faced with all the emotion and distress of a life changing move into care and so it is a good idea to obtain some good advice.

Foot Anstey solicitors have a dedicated team  of solicitors specialising in providing robust, comprehensive and sympathetic legal advice for older people, their families and carers. We have experience in advising and assisting clients on all legal issues concerning elderly client care  ranging from assessing an individual’s entitlement to care, submitting requests for assessment and challenging PCTs refusal to fund care for an individual.

Contact us

If  you would like to know more about any of the issues raised then you should contact a member of the Elderly Care Team for a free initial telephone discussion and we will do our best to put you at ease and advice on the best course of action.

We are happy to make home, care home or hospital visits for those unable to attend appointments at our office.

Asha Beswetherick

Tel:  01752 675021 

Email: asha.beswetherick@footanstey.com

Foot Anstey Solicitors

Salt Quay House

4 North East Quay

Sutton Harbour

Plymouth

Fax: 01752 675500