Archive for the ‘Benefits’ Category
Under current legislation, individuals who have an acute nursing requirement because their primary care need is healthcare are entitled to continuing care benefit. This is provided by the NHS and funds all costs associated with the care need. Entitlement to continuing care benefit is dependent on the individual meeting the health authority’s eligibility criteria. Those individuals who have a severe nursing requirement should establish if they have an eligibility to continuing care benefit by contacting their local Health Authority/PCT and asking for an assessment under the National Framework for NHS Continuing Healthcare & NHS Funded Nursing Care.
Registered Nursing Care Contribution
Under the terms of “free nursing care” the Government states that the NHS will pay for “any services provided by a registered nurse involving the provision of care, or the planning, supervision or delegation of the provision of care, other than services which do not need to be provided by a registered nurse.”
In England:
If you were living in a care home on 1st October 2007 , your nursing needs will have been in the low, medium or high band, the rates for these bands being £40 – £139 per week. However, after 1st October 2007, a new flat rate was introduced as below:
New residents and residents who were on the Low or Medium bands , now receive the flat rate of £106.30 per week regardless of the level of nursing care required. The nursing needs will be identified as part of your comprehensive needs assessment and included in your care plan.
Respite care will also attract this rate so long as the stay is not for less than 6 weeks.
Residents who were on the High Band will recieve £146.30 unless on reassessment:
- you are found to be eligible for NHS continuing healthcare (the full cost of your care will then be the PCT’s responsibility);
- your nursing needs have diminished to the extent that if the old guidance relating to nursing bands were applied, you would only be eligible for either the low or medium bands (the PCT will then pay the single rate from 14 days following notification of the outcome of the reassessment);
- you no longer have nursing care needs.
For many, the concern is that the level of funding provided through this system may not directly meet an individual’s nursing costs and that consequently a shortfall may arise. Claims should be made to the NHS co-ordinator via the care home and payments awarded will be made directly from the National Health Service to the care provider.
If you disagree with the decision made following reassessment you can ask the Primary Care Trust for a review of the decision and if necessary, an independent review.
Any complaints regarding the nursing care paid for or provided by the NHS can be made using the NHS complaints procedure via the care home, the Primary Care Trust or Health Authority.
The benefit consists of two elements;
-
Guarantee Credit
-
Savings Credit
Both of the elements are assessed independently and have differing age limits. It is therefore important to recognise that individuals may have an entitlement to either or both components.
The Guarantee Credit is available for people aged 60 and over. It is broadly a replacement for the current Income Support system with benefits paid at generally the same rates. The Guarantee Credit will ensure that individuals receive a minimum amount of weekly income which reflects their circumstances and needs. This is known as the appropriate or applicable amount. The basis of Guarantee Credit is the Standard Amount as detailed below:
| Single Person | £130.00 |
| Couple | £198.45 |
This will be increased by a series of premiums or extra amounts if you have a disability, or are a carer or have relevant housing costs. The most relevant of these premiums for individuals in care is the Severe Disability Premium. This is applicable if you receive Attendance Allowance or the middle or higher rate of the care component of Disability Living Allowance (DLA). The additional premium is £52.85 and eligibility will be subject to no one receiving the Carers Allowance for looking after you.
If your income is less than your applicable amount, the difference will be made up by Guarantee Credit.
Your income will be calculated as being the amount you receive, excluding any disregarded amounts such as Attendance Allowance. In addition, an amount will be included in respect of the “notional” income generated from your savings. This is taken to be £1 per week for every £500 of capital. The first £6,000 of savings are excluded if you live at home and this figure rises to £10,000 if you are permanently resident in a care home.
The Savings Credit component of Pension Credit is available to individuals aged 65 and over who have income from their savings or have a personal or occupational pension.
If your qualifying income is higher than the savings credit threshold, but below a given maximum, then you will be entitled to receive Savings Credit.
- Savings Credit Threshold
| Single Person | £91.20 |
| Couple | £145.80 |
The amount of entitlement is calculated as 60% of your “qualifying income” above the savings credit threshold, subject to a maximum of £20.40 a single person and £27.03 for a couple.
The amount of Savings Credit payable may however be subject to a reduction at the rate of 40% of the amount of qualifying income above the applicable amount.
People aged 60 and over who live permanently in residential or nursing homes will be entitled to Pension Credit instead of Income Support and in such circumstances, the higher level of capital will be disregarded, i.e £10,000.
Under the terms of Pension Credit, it is possible for care residents to qualify for some support, even with capital assets of up to £79,300.
The Pension Credit Helpline can be contacted at http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018692
This is an important benefit for older people who require help or supervision because of their physical or mental condition. Entitlement is not affected by the individual’s income or savings, as the benefit is not means tested, nor is it dependent on National Insurance Contributions. In addition, Attendance Allowance is not taxable and its payment may also enable individuals to claim other benefits. Attendance Allowance is payable, even if the individual does not receive help from someone else. The benefit does not have to be spent on care or attendance and can be used for any purpose. All that matters is that the need for help with personal care or supervision exists.
To qualify for Attendance Allowance, you must meet the following conditions:
- Be aged 65 or over.
(If you became ill or disabled before the age of 65, then application for Disability Living Allowance should be claimed.) - You must have had the disability for at least six months.
- You must normally be resident in the UK at the time of making the claim.
Attendance Allowance is payable at two levels:
The Lower Rate is £47.10 and the Higher Rate is £70.35 both of these amounts are payable weekly and entitlement will depend on which of the two conditions, as detailed below, are met.
The Lower Rate will be payable if you are so disabled that you require frequent help throughout the day with your normal bodily functions or if you require prolonged or repeated help with bodily functions during the night. The Higher Rate is payable for individuals whose condition dictates that they require help during the day and night. It will also be payable if another person needs to be awake for a prolonged period or at frequent intervals throughout the night to avoid putting yourself or others in substantial danger.
Leaflet DS702 (Attendance Allowance) provides additional information on this benefit and a claim pack can be obtained by using the tear off slip on that leaflet. Alternatively, the application form is available from your local Deapartment of Works & Pesions/Benefits Agency office, or by contacting the Attendance Allowance Unit