19 Community care
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2. Where do I start if I think I need help?
3. What kind of help is there?
4. Can I get help if I look after someone?
5. Who pays if I get care in my home?
6. What if I have to go into hospital?
7. What if I need to move into a care home?
8. What if I need ongoing nursing care?
9. Will I have to sell my home?
10. Can I claim any benefits if I am in residential care?
11. What choice of care home do I have?
If the NHS is paying for you to go into residential care as part of continuing healthcare, then the NHS decides where you will go to get the medical care you need (but it should take your wishes into account as far as possible).
If the council is paying for some or all of your care, then you can, within certain limits, choose the home you want, provided it has places available.
The council should give you a list of homes in the area that are within its price range or ‘usual cost’ (the price it would normally expect to pay for a home that meets your needs) and which have vacancies. However, you can choose any home (including one outside your council area, for example if you want to be near your children), as long as it:
- has a place available;
- can meet your needs as they have been assessed; and
- is willing to accept the council’s terms and conditions (including, in general, the price).
The council’s price range should be realistic, in line with what suitable homes charge. If you cannot find a home that meets your needs within the price range, the council should increase its limit. If it won’t, you may need to challenge its decision.
12. What if I want to move to a care home that costs more than the council will pay?
13. What if my move into a care home is temporary?
14. What rights do I have when I am in a care home?
15. What if I have difficulty getting the care I need?
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Sue Bloomfield, a freelance consumer affairs writer.
Leaflet Version: May 2008