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CHC funding in a nursing home and mobility component
All advice appreciated, has anyone successfully challenged a DWP decision withdrawing the mobility component when a nursing home placement is CHC funded?
Our understanding is that NHS CHC in a nursing home means all components of AA, DLA or PIP are suspended 28 days following the day of admission. See p.248 of DRH 2017/18 under NHS continuing healthcare heading at top of column 2.
Also highlights this isn’t case if you’re in a residential home and you can continue to receive mobility component of DLA or PIP.
Also highlighted I need to amend our factsheet on this.
The door is not quite as tightly closed as one might think. Read the Court of Appeal’s decision in Slavin.
Don’t know if I’m missing your point Paul but I don’t see how someone living in a nursing home (which therefore does, by definition, have qualified nursing staff providing nursing care to residents) and who is placed there under NHS CHC can’t falll under the defintion of hospital or similar institution receiving, to some degree at least, medical treatment. Slavin is focussed on residential homes without nursing care provision so I don’t see how that helps here?
The commentary in Sweet and Maxwell notes that questionds around the meaning of “hospital or similar institution” and “medical or other treatement” remain open but surely that’s only at issue if someone isn’t in a nursing home and/or not receiving NHS CHC - the former must have medically qualified staff to be a nursing home and NHS CHC is only awarded on basis that your needs for nursing care are primarily health-related, so it’s difficult to see the line of argument to be pursued.
p.s. I did read Slavin again as well, just to be sure :-)
You’re right Paul, where the home is clearly a nursing home. Slavin is clearly applicable where it is a clear cut care home where there is CHC funding. The more problematic area (and it is a long time since I read Slavin so I could easily have overlooked the point) is where a home is a registered care home but is also registered as a nursing home, or where it is a registered care home but there are nursing care services provided. It is in these cases where Slavin could be of assistance.
Gotcha, that makes sense. Was worried I was missing something obvious, the world of NHS services and funded care remains very new to me. Thanks Paul.