Your Local Authority, through their social services departments are responsible for assessing people’s needs for community care services; and, where there is a need should provide an appropriate service.
'Assessing needs' simply means finding out what help or support you may need. The remit is to provide services which support people in their own homes, or to provide a placement in a care home.
Anyone who believes that they need assistance, either to continue to live at home or because they can no longer manage at home, is entitled to ask for an assessment of need.
The assessment should focus on the following key aspects:
- The wishes and feelings you have about the way you would prefer to live.
- Your state of health – both physical and mental.
- Any risks your illness or disability may subject you to.
- Your home environment and its location in relation to your condition.
- Whether you have anybody who looks after you.
Some authorities have set criteria to determine whether or not they will undertake assessments and will only assess your needs if you meet these criteria. You may, for example, be asked about your financial circumstances. If it seems likely that you would have to pay for the service you may be referred direct to the service provider, rather than being formally assessed.
Of course, any gaps between what social services can provide and the needs of the person can be met by the private sector paid for by the insurance company.
If Social Services do agree to provide or arrange services, they should produce a care plan which will set out the services to be provided. The services may be provided by Social Services direct or they may outsource the care needs to an agency or even make direct payments to you to fund your own care package.
Very few local authorities will now provide assistance purely with domestic tasks, if that is all you need. Local authorities’ resources have to be concentrated on the most deserving individuals and assistance tends to focus on actually care such as assisting people with getting dressed, having a bath or shower, getting to the toilet, or making a meal. This emphasises the need (in appropriate cases) to ensure that other requirements not covered by Social Services are met by the private sector and funded by the insurer.
Applying for benefits
If you are the main earner in your family, there will be an ever increasing need for an income. We can of course look to recover interim payments from the insurance company to ease the financial burden. It may also be necessary to apply for benefits. Claiming benefits can be very confusing and you may need to be guided by us.
Some benefits are dependent on what your income or savings are. These are called means tested benefits and include:
- Pension Credit
- Council tax benefit
- Housing benefits
Benefits which are not means tested include:
- Incapacity benefit - paid to people who are incapable of work and who have paid or been credited with sufficient National Insurance contributions over time and become incapable of work
- Statutory sick pay - Paid whilst someone is away from work
To be entitled to these benefits your overall national insurance contributions will be considered.
Some benefits are paid if your disability meets certain requirements. They are not assessed with reference to income/savings or national insurance contributions and include:
Disability living allowance
This is paid to those under 65 and years of age and is divided into care and mobility components. It is primarily assessed by what function a person has:
- Carers component - compensate for care provided and is split into the lower, middle and higher rates
- Mobility component - to assist with mobility and is paid at the higher or lower rate
- Attendance allowance - This can be paid to those over 65
Council tax exemption
Industrial injuries disablement benefit
This is paid to those who have suffered a personal injury in an industrial accident and there has been a loss of faculty arising from the injury. Self employed people are excluded. Constant Attendance Allowance can be paid if the person needs constant attendance.
Your Head Injury UK Solicitor will be able to guide you through the benefits procedure to ensure that you receive the state benefits that you are entitled to in addition to possible compensation for your injuries.
We will attempt to secure interim payments from the insurance company to advance part of the eventual settlement monies early.
To contact a member of the Head Injury team please call us on: 0800 073 0988 or Email: info@headinjuryuk.com
