can CHC be removed?

[grobertson62]

Quick question
has anyone any experience of CHC being removed/withdrawn?

Dad recently was allocated full funding but they will review it in 12 weeks

His behaviour is better in the home, than it was in the hospital, tho he is now confused pretty much all the time

I think he is better because he is free to wander & not be restricted, the dangers have been removed & his needs are anticipated

BUT it worries me how we will finance this if they change their mind

Thanks GILL

 

[Bastan]

As far as I know funding is only withdrawn if people get better and no longer need specialist care. Our loved ones are unlikely to get well, so I am assuming my husband will only lose chc if he becomes a well behaved little lamb and is able to return home! (never going to happen) xx

 

[Bob S]

Yes, they will remove it, even if the person is suffering from a terminal illness like Alzheimer's or vascular dementia. At the start of the process for my father back in 2007 the continuing care lead stated in a letter that continuing care for life was not an option. After 2 years of funding my father they withdrew it claiming that his needs were no longer primary health needs but social care needs. This was not the case as more needs had arisen during the two years but PCT's will withdraw funding by hook or by crook. They will manipulate the framewotk whenever it suits and be selective in what they follow.

Don't rely on local authorities to invoke the dsputes process either. In over 2000 referrals from the PCT to the local authority in my dad's area the LA had only invoked the disputes procedure in a mere 6 cases, which amounts to 0.3%. They meekly take on the cases knowing it is far easy to bully a vulnerable adult and their family rather than having a battle with the PCT.

 

[Greensleeves]

I think this is a major problem - what are primary health needs as opposed to social care? Obviously the local health authority will argue for social care needs, so they can get out of paying. It is interesting also that once in a CH, the person's needs no longer seem to be reassessed, despite the continuing deterioration in health. My husband has been in a care home for a year now and he has numerous health problems, including vascular dementia, but he is adjudged to only have social care needs, despite his need for constant input from the medical staff.

Social care is means tested, so once the assessment has been completed, in the event that it is decided that his needs come under the 'social care' category, you will be required to disclose his income and assets. After that, you will be told how much he will be expected to contribute towards this continuing care.

Do you have a Power of Attorney to deal with his affairs? If you do not, and he is capable of making the decision to grant you one, I would suggest you look into this straight away.

Regards,
GS

 

[robertjohnmills]

Absolutely

I was advised by a specialist Lawyer in NHS CHC that if we re opened my Partner's case after we had won CHC that there was a strong chance we could lose it again in the re assessment.

Although he suffers with Dementia we were able to make a medical case enough to win 82% CHC with a social split for Council to pay of 18%

If I can be of more help give me a PM

 

[grobertson62]

Thanks Guys

I am fortunate that I already hold POA & it is due to be registered with the OPG Monday

dad was assessed as having complex needs whilst in hospital, His needs are still complex, but behavior is much better now

how can you argue that one? he is only better because of where he is

perhaps I shouldnt borrow trouble as I still have 8 weeks left before the assessment

GILL

 

[Bob S]

Complex, intense and unpredictable are all terms that PCT's use to weasel out of meeting their legal obligations to fund continuing care. Pam Coughlan is predictable and is managed, her needs are not intense and she has no issues with her mental capacity, yet the Court of Appeal ruled that her needs were in excess of what a local authority could legally provide for. They say the National Framework is "Coughlan compliant". It is not. If Pam Coughlan were to be assessed today she would be considered as not eligible for fully funded continuing care, but they dare not assess her as it would show the national framework for what it is............a tool to deny as may people as possible their legal rights.

 

[bethan]

The thing to remember is that 'a managed need is still a need'. However, as others have said the PCT wwill do their utmost to argue that someone is no longer eligable - many have been set targets to reduce the CHC budget.

Get some help from ADS or similar if you need to challenge their decision.

Good luck

Beth