Health And Social Care Rights - Mind

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Mind 2018Health and social care rightsExplains your rights to social care, and how this differs from healthcare. Includesinformation on eligibility, needs assessments, financial assessments, and how localauthorities may meet your needs. Applies to England and Wales.ContentsOverview . 4Healthcare overview . 4Social care overview . 5Please note . 6Terms you need to know. 6About healthcare. 10What is healthcare? . 10Who provides healthcare? . 11What are primary, secondary and tertiary care? . 11Where is healthcare provided? . 11Healthcare rights and choices . 11What are my healthcare treatment rights? . 12What choices can I make about my primary care? . 12What choices can I make about my secondary care? . 13About continuing healthcare . 15What is continuing healthcare (CHC)?. 15Who qualifies for CHC? . 15What is the preliminary assessment? . 15What is the full assessment? . 161

Mind 2018What happens after the full assessment? . 16Can I challenge the decision if I'm not eligible for CHC? . 16About social care . 17What is social care? . 17Who is entitled to social care? . 17Who provides social care? . 18How do I access social care? . 18Where can I get information and advice about social care? . 20Will I have to pay for social care? . 21I'm a carer – do I have rights to social care? . 21Social care needs assessments. 21What is a social care needs assessment? . 21When must the local authority assess me? . 21How quickly will I be assessed? . 22How is the assessment carried out? . 23What if my needs change from day to day or month to month? . 23What will I be asked about at a needs assessment? . 24How will I be involved in my assessment? . 24How can I prepare for my assessment?. 25Can I refuse to be assessed? . 25Eligibility for social care . 25Are my needs eligible for social care support?. 26What are the eligibility criteria in England? . 26What are the eligibility criteria in Wales?. 27What happens after my assessment? . 29Can the local authority provide care and support if I don’t meet the eligibility criteria?. 29Care and support planning . 29What is care and support planning? . 30How will I be involved in the care and support planning process? . 30What if I lack capacity to make care and support planning decisions?. 30What will my care and support plan cover? . 31Can my care and support plan be connected to other plans? . 32Will my care and support plan be reviewed? . 32How is a review carried out?. 33What will the review focus on?. 332

Mind 2018What happens after the review? . 33What support could my local authority provide? . 34When should a local authority meet my needs for care and support? . 34How can the local authority meet my needs? . 35What is a personal budget? (England only). 35What are direct payments? . 35Who can get direct payments? . 36Can I get any support with direct payments? . 36Are there any things I can’t get as social care and support? . 37What happens if I move to a different local authority area? . 37What does the financial assessment mean? . 38What is a financial assessment? . 38What does the financial assessment consider? . 38How much will I need to contribute from my capital? . 39How much of my income do I have to pay?. 40Do I need to have a financial assessment? . 41Are any services free? . 41What is safeguarding in social care? . 41What is safeguarding? . 41Who do the safeguarding duties apply to? . 41What do abuse and neglect mean? . 42What safeguarding duties does the local authority have? . 42What happens after an enquiry? . 43What is a 'safeguarding adults board'? . 43What are my rights as a carer? . 43Am I a 'carer'? . 44What social care rights do I have as a carer? . 44What is a carer’s assessment? . 44What are the eligibility criteria for carers? . 45What happens if I'm found to have eligible needs? . 46Can carers be charged for support? . 46Useful contacts . 463

Mind 2018OverviewIf you have a mental health problem, sometimes you might need health or socialcare support. It's important to know that you have rights about the health and socialcare support you receive.What's the difference between 'healthcare' and 'social care'?There's no legal definition of healthcare or social care. However, some NHSguidance says: A healthcare need is related to the treatment, control or prevention of a disease,illness, injury or disability, and the care or aftercare of a person with these needs. A social care need is focused on providing assistance with:o the activities of daily livingo maintaining independenceo social interactiono enabling the individual to play a fuller part in societyo protecting them in vulnerable situationso helping them to manage complex relationshipso and (in some circumstances) accessing a care home or other supportedaccommodation.It can sometimes be difficult to say whether a service you receive is health or asocial care. But it matters because healthcare is generally provided free under theNHS, whereas social care is provided by local authorities, who can charge for it.Healthcare overview Healthcare means the services provided to you to maintain and improve your health.Most types of healthcare provided by the NHS are free at the point of delivery to UKresidents. You have certain rights regarding the healthcare treatment you receive. This includesnot being discriminated against, getting information about your treatment and beingable to see your medical records. You also generally have the right to give consentbefore receiving treatment, and to refuse treatment (except in certain situations). You have rights to make choices about the healthcare you receive. This includeschoosing your GP practice, doctor or nurse, accessing healthcare if you arehomeless, and changing hospital. Some people may be eligible for a package of care called continuining healthcare(CHC). This is for people who are not in hospital and have been assessed as having a'primary health need' (this means that your main need must relate to your health).Continuing healthcare can be provided in your own home or in a care home.4

Mind 2018Social care overview Social care services can help you if you need practical help and support because ofyour illness, disability or age. Social care services are provided by your localauthority, though you may have to pay for it. The first stage in getting any social care is for the local authority to assess yourneeds, called a 'needs assessment'. This is so the local authority can gain a fullpicture of your care and support needs, so that they can make informed decisionsabout whether you're eligible for support. You will only get social care support if your needs meet the eligibility criteria. Whendeciding this, your local authority w

mental health team (CMHT), assertive outreach team and early intervention team. You should get: a full assessment of your health and social care needs a care plan regular reviews a care coordinator who will be responsible for overseeing your care and support. See our pages on leaving hospital for more information.

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