Mental Health Act 1983

[Tilly2]

This is a serious question.
Does anyone know, with any certainty, when someone has been detained under section 3 of the M.H.A, they are eligible for NHS funding when the detention is lifted?

[woofgang]

I assume that you have seen this stuff?
http://www.nhs.uk/Car...HSContinuingCare.aspx

[lcg]

hello again, tilly. it entirely depends on why specifically he is in the care home (physical or mental health needs - or both?), what type of care home it is (older persons, supported living or shared accommodation etc.), his age, what he is paying for (care, accomodation or support fees) and level of income/savings. if you are willing to discuss these, i may have a better idea. it can be a minefield knowing what should happen vs. what actually happens. social services usually try and wheedle money out of people if they can, in my experience x

[lcg]

you should not have to pay anything - you are not financially responsible for your dad! unless, it is a very nice care home and his level of funding is restricted. while he is an inpatient in the psych hospital, he should pay nothing towards the cost of that, although his care home fees may be a different matter.

[bednobs]

i guess you still have to pay for the home when you are in hospital though.
The fact that he can't live anywhere else will not be a deciding factor for continuing care funding - it will be based soley on whether he meets the criteria for cc funding

[Tilly2]

Thank you.
As far as I can make out, because he was sectioned under section 3, section 117 comes into play. Section 117 should mean that he gets funding for Continuing Care. He has an out outpatients appointment tomorrow and I will discuss all this with the psychiatrist. I think my Dad has fallen through a net somehow.

[lcg]

but, according to s117...'aftercare should be planned with the patient, their family and carers, as well as professionals, looking at both health and social care needs. The type of aftercare required will depend on the circumstances of the individual and health. Social services are entitled to take their resources into account when assessing needs'. this means that he may well have to pay for his care. without the very specific details of your dad's care plan/pathway....it makes it very hard to comment. but...being on a s3 at some point in the recent past does NOT mean you dad never has to pay for care, i'm afraid.

[Tilly2]

Thanks, icg. He has been paying for his care for the past eight years. He pays some, social services pay some and I pay a top up.
I'll see what's said tomorrow. Thanks for all your answers.