About Personal Health Budgets,
In essence, this is about Domiciliary Care funded by Local Authority,
but assessed and approved by the NHS/CCG.
The Local Authority in question have paid for Domiciliary Care for my brother for the whole of last year, however they are now withholding payment of his Employer's NI contributions/Tax and Staff Holidays and for the whole of the past year, something that they had already agreed to when the Budget was approved in April 2013.
It seems a clear breach of contract/agreement of my brother's health budget, which is short of funds to pay tax and staff holidays for the past year.
My brother issued an invoice in April this year and six month on this remains unpaid. Should he now raise a money claim in the County Court against the NHS/Local Authority, for breach of contract and non-payment of Tax and Staff Holidays?
Until June they were positive about it as if the payment would be happening shortly, then they mentioned an appeal in July, but we were not invited to be present and we have not heard from them ever since.
In essence no explanation and no communication for more than 3 months.
Well, the current domiciliary healthcare package was approved following a long and extenuating complaint, which lasted for over three years. We could try again, but if that doesn't work, would raising a money claim in the County Court represent a viable route towards a resolution?
We will start from the money claim and see what happens.
These are the same people who withheld direct payments for my brother's care for 36 months and with whom we have had already a full legal dispute, which just by coincidence (PCT became CCG) didn't end up in front of the High Court for Judicial Review.
Thank you very much, Clare.
However, there are a few authorities involved; the CCG / NHS because they assess and approve the care package and the Local Authority finance department. Who are we going to take to Court? Who is responsible for maintaining the package inclusive of all costs?
From 2006 to 2010 my brother was receiving care approved and financed only by the Local Authority's Social Services and the Independent Living Fund.
The payments were deposited in his bank account for Direct Payments, inclusive of his Employer's NI Contributions and Staff Holidays.
Since the changes in 2013, the new Clinical Commissioning Group has taken over responsibility for my brother's care package. They have informed us that, in order to keep Public Expenditure under check, they would be making payments without NI Contributions and Staff Holidays. These have to be calculated at the end of the financial year.
We followed their instruction, calculated the figure and requested payment. It should have been deposited into my brother DP bank account back in July.
Our opinion is that the CCG are responsible for this problem and they should receive the money claim.