I am very confused about the situation as regards funding someone when they move boroughs. Frequently when this happens each borough knocks the funding issue back to the other and families are left stressed and stranded with no funding being provided for their loved one. Can anybody clarify this area of the regulations around paying for care please? I think that the Care Act guidance ought to be definitive but it doesn't appear to work in practice.
Ordinarily resident rules
- Thread starter Infoseeker
- Start date
Hello @Infoseeker, welcome to the forum.
The following link will take you to the Society Factsheet that deals with this, although I don't know if there is sufficient detail for you. Click on the PDF line and go to near the FAQ section.
Paying for care and support in England (532)
PDF printable version
The following link will take you to the Society Factsheet that deals with this, although I don't know if there is sufficient detail for you. Click on the PDF line and go to near the FAQ section.
Paying for care and support in England (532)
PDF printable version
Are you in this position? Because in my experience the rules are fairly clear and actually followed. If you self-fund in a care home outside of your original LA you become ordinarily resident in the new LA and it's the new LAs responsibility to pick up funding when it is required. If on the other hand you are placed in a care home outside of your local LA and there is any LA funding, you remain the financial responsibility of your original LA.
You mentioned boroughs in your post so I'm assuming you are talking about London. Now individual homes in any area may require new residents to have sufficient funding for several years before they will accept LA funding, but that's really not down to the ordinarily resident rules - just a reflection of the fact that care homes in London tend to be much more expensive than elsewhere and they want to ensure that new residents pay full rate for a certain number of years before the LA takes over (paying a much lower rate).
I came across this link to a recent guide yesterday
http://themaskedamhp.blogspot.com/2018/10/adass-guidance-on-ordinary-residence.html
S117 referred to at the end relates to state funded care for people with mental health issues, including some people with dementia, who have been detained under Section 3 of the mental health act, but does not cover those only detained under Section 2, or DOLS.
http://themaskedamhp.blogspot.com/2018/10/adass-guidance-on-ordinary-residence.html
S117 referred to at the end relates to state funded care for people with mental health issues, including some people with dementia, who have been detained under Section 3 of the mental health act, but does not cover those only detained under Section 2, or DOLS.
