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Direct payment for respite our rights?

tatty

Registered User
Oct 14, 2015
61
Just wondering if any one knows where we stand regarding my OH taking a direct payment for respite.

MIL has lived with us for nearly a year and we have been assessed by SW as requiring respite BUt MIL will be L:A funded though she has agreed to respite ONLY if it is where she lived and still goes to church 25 mins away and in another, L.A where she lived for 45 years before coming to us. SW has asked us to find the home in the other L.A which we are happy to do but she has said that the only way the L.A will fund it is by direct payment to us we have financial POA but SW assessed MIL as having capacity yesterday and to be siitable for permanet sheltered housing rather than CH which we feel would be a safer environment

SW has sent us a form to sign to get direct payements we are a little concerned regarding the direct payments as the form repeatatky states the recipient ( MIL) lacks capacity which contradicts MIL assessment yesterday!

As the CH area asked for by MIL and agreed by SW is out of L.A is SW correct when she says the only way to fund it is a direct payment to us and WE must enter into a contact with provider rather than the paying L.A.? or presumably no respite!
thanks
 

Austinsmum

Registered User
Oct 7, 2012
305
Melton Mowbray
I know this isn't quite what you mean but it may be a starter for 10. It's on page 96 of the National Framework for NHS Continuing Healthcare.
PG 72 What if the dispute crosses CCG/LA borders?
72.1 Where a dispute occurs between a CCG and LA in different areas (and therefore without a shared disputes resolution agreement) it is recommended that the local process applying to the CCG involved in the case is used. Where a dispute involves two CCGs, it is recommended to use the disputes process for the CCG area where the individual is residing at the outset of the relevant decision-making process. Thus if CCG A had made a placement in CCG B's area, it is CCG A's dispute process that should be used, even if the person is now physically residing in CCG B’s area. Both CCGs should be able to play a full and equal role in the dispute resolution. Consideration could be given to identifying an independent person (who is not connected with either CCG) to oversee the resolution of the dispute. CCGs and LAs should consider agreeing and publishing local processes and timescales for responding to complaints and concerns relating to NHS continuing healthcare on issues that fall outside of the IRP process.
 

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