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Section 117 query

sparklingghost

New member
Oct 8, 2020
2
I'm new here and seeking help for a family member with regards to section 117.

Family member has been in a dementia care home facility for a few months and has recently had a DOLS section 117 (I think).
Currently self funded but my question is, would this person now be entitled to care home fees being paid by the LA in their area (they will also be undergoing a CHC assessment soon)?

Thank you in advance.
 

Louise7

Registered User
Mar 25, 2016
2,601
Welcome to the forum @sparklingghost there's lots of friendly support and advice here.

Dols means Deprivation of Liberty Safeguards and in simple terms relates to restrictions which are put in place in order to keep someone safe.

Section 117 relates to mental health aftercare, which is free of charge. This would apply to someone who had previously been sectioned under sections 2 & 3 of the mental health act for assessment & treatment. As your relative is currently self-funding then it doesn't sound as if they are eligible for section 117 aftercare funding.

A CHC assessment is where someones health & care needs are assessed to see whether their care needs are such that they are eligible to NHS funding towards their care costs. It can be very difficult to get full CHC funding unless the individual has quite complex health/care needs. The following fact sheets contain more information about Dols, CHC, and paying for care home costs but any more questions about care funding just ask as it can be a real minefield:


https://www.alzheimers.org.uk/get-support/legal-financial/deprivation-liberty-safeguards-dols


https://www.alzheimers.org.uk/get-support/help-dementia-care/nhs-continuing-healthcare


https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care
 

theunknown

Registered User
Apr 17, 2015
436
Hello. Section 117 applied to my mum when I needed to find her a care home after she'd been adjudged to need to be placed on Section 3 of the Mental Health Act. In my mum's case (England), this meant the relevant local authority paid the full local authority allowance, and in our case I was able to top that up from my mum's finances (after going through the long procedure of gaining deputyship). It enabled me to have my preferred choice of care home for her, with her state and private pension topping up the local authority contribution.