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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6818
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Can my wife who has MS, in rehab hospital presently, and nil

Resolved Question:

Can my wife who has MS, in rehab hospital presently, and nil walking abilities, receive funding for residential home care despite scoring C's in her checklist assessment?
We have told them that we don't want the care package of 2 carers 4 times a day at our home, as we would not be able to cope when my wife would require their assistance in their absence.
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

The funding of care in the UK is a bit of a nightmare.

The local authority have a duty to pay for care.

They are allowed to financially assess the person receiving the care to see whether they have the financial resources to either fund or financially contribute to their own care.

A care need and a health care need are different.

Care needs are to be met by a local authority , health needs are paid by the NHS.

The distinction between the 2 is very close but a health need can best be described as medical treatment , care can and does include medical care at a low level.

MS in itself is not a health need as despite the fact your wife cannot walk she may not require constant medical help but assistance to manage her medical condition.

The answer lies in the degree of medical help required.

The general idea is to try to allow a person to remain at home with a care package but if the degree of care required is such that this is not possible then a care home is the appropriate remedy.

I hope this helps

If there are any further points please reply and I will be happy to respond.

Best wishes

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear *****Thank you very much for your reply.I identify my wife's needs as in your last paragraph.Just to confirm with you on this point; both my wife and I have informed the hospital that she wants to go to a care home.The hospital cannot decide against her will and force us to accept their care package at our home, can they?I spoke to CCG, Clinical Commission Group in Barnet and they said they cannot force us to go home with their care package.Therefore, would that leave them to contact our local authority and to refer Naomi for funding in a residential care home?We have decided on such a home in Bournemouth. Cost is half as much as here in London. I'm prepared to move there.Kind regards, *****

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