Peters Law

Community Care

  • 01. Introduction

  • If you or someone you know or look after find it difficult to manage day-to-day living, you may be able to get help in the form of community care. This leaflet explains how to find out what help you may be able to get, and whether you will have to pay for...
  • 02. Who decides what sort of care I need?

  • The first step to getting help is to contact your local council's social services department and tell them your situation. If you have a disability, your council must 'assess' you (find out what sort of help and support you need). The law defines people...
  • 03. Who pays if I get care in my home?

  • Councils should give you some services free of charge. If you have been kept in hospital because of a mental illness or disorder and you need care when you come out ('aftercare'), you cannot, in certain cases, be asked to pay for that care. Any help or extra...
  • 04. How much will I have to pay?

  • When working out how much to charge you, councils should take into account: how much the service costs; and how much you could reasonably be expected to pay. To work this out, they are allowed to ask you how much income you get and what savings you...
  • 05. What if I am coming out of hospital?

  • If you are in an NHS hospital, you should be assessed before you are discharged to work out what support or services you might need. This assesment looks at whether: your needs are such that the NHS should remain responsible (even if you go into a...
  • 06. What happens if I need to move into a residential care home?

  • Your council should make sure it can give residential home places to people who have the kind of needs which mean they can't reasonably be expected to live at home or in supported accommodation (for example, a warden-assisted home). The council will look...
  • 07. What if I need nursing care?

  • If you are in a residential home and you need nursing care, the NHS will normally provide it directly, via community nursing, free of charge. But if you re assessed as needing to move into a nursing home to meet your nursing care needs, whether you re moving...
  • 08. Will I have to sell my home?

  • The value of your home (or your share of it) may count. If it does, and it takes the total of your capital to over 19,500, you will have to pay all your care-home fees. You may be able to pay for these out of your other savings or from your income. If not,...
  • 09. What benefits might I be able to claim?

  • If you are moving permanently into residential care, you may be eligible for some welfare benefits. The system for older people is due to change in October 2003 and not all the details are available at the time of writing. A few pointers, based on current...
  • 10. What choice of home do I have?

  • If you need NHS continuing inpatient care, it is up to the NHS where you will go to get the medical care you need. However, your wishes should be taken into account as much as they can. If the council is paying for some or all of your care, you can,...
  • 11. What if I want to move to a home that costs more than the council will pay?

  • You do not have to limit your choice to homes that come within the council's price range. But if you go for a more expensive home, you will need to get someone to pay the extra over what the council will pay. This could be a friend, relative or charity (but...
  • 12. What if my move into a home is temporary?

  • You may only need to go into a home temporarily - perhaps for a short-term break, while you get over an illness, or while you're waiting for a place in sheltered housing. Your assessment should show whether your stay is a temporary or permanent one. You...
  • 13. What rights do I have when I am in a care home?

  • All care homes, both residential and nursing, have to meet certain requirements before they can be registered with the National Care Standards Commission. The government and Welsh Assembly lay down national standards setting out what you can expect from a...
  • 14. What can I do if I have a problem with getting the care I need?

  • By law, social services departments must have a complaints procedure and a complaints officer to supervise it. They must be able to give you information about: how to make a complaint; how quickly they should deal with it; and where you can get help...
  • 15. Further Help

  • Local Authority Social Services Department For your local authority social services department, look under the name of your council in the phone book. For information about benefits, contact your local social security, Jobcentre or Jobcentre Plus...

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