The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
A Personal Health Budget (PHB) is an award by the NHS of an amount of money that allows a patient to have greater “choice and control” over planning their own care to help meet their individual health and well-being needs.
To be eligible to apply for a PHB, an individual must have a long-term health condition and disability. PHBs aim to allow a patient to receive personalised services as opposed to commissioned services that have been chosen, governed, managed and delivered by their local Clinical Commissioning Group (CCG). Eligible patients must have a care and support plan, a document that identifies the health and wellbeing needs/goals. The plan should also detail how the PHB will be spent (e.g. what, why, when, where, who) to enable the patient to achieve their individualised health and well-being needs/goals.
Since 2014, children, young people and adults who are eligible for NHS Continuing Health Care (CHC) have had the right to have a PHB. If a patient is not in receipt of CHC but is interested in a PHB, then they can express interest by contacting a health professional and/or the CCG, who will arrange a meeting to discuss the request. Children with special educational needs and disabilities (SEND) as part of their Educational Health and Care (EHC), and children with complex health needs and long-term conditions also have the right to request a PHB.
The Department of Health and Social Care has issued 'A Consultation on Extending Legal Rights to have for personal health budgets and Integrated Personal Budgets’. The purpose of this consultation is to see if specific groups of patients who are currently not eligible to apply for a PHB could benefit from having the rights to a PHB. For example:
• those receiving Mental Health Act s117 aftercare services,
• people with learning disabilities and/or autism,
• people who have on-going social care needs who regularly use NHS services such as physiotherapy.
The consultation process opened on 6 April and is scheduled to close on 8 June 2018. Hopefully the Government will then publish a response later in the year.
Some PHBs provisos
PHBs can be spent on any care or services that are set out in the patient’s personalised care and support plan. So, as an example, PHBs cannot be used to purchase alcohol, tobacco, gambling, repay debt or anything that is illegal. Furthermore, PHBs cannot be used to buy emergency care services, for example, if the PHB holder was to have an accident, the expectation is that they go to A&E. PHBs cannot be used to buy primary care services such as seeing a GP or dental treatment. However, other services that have been recommended by a GP such as physiotherapy or chiropody can be purchased using a PHB.
For more information
If you have any questions on the issues raised in this article, please get in touch with Nsiem Akhtar.
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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