A presentation at Autscape 2014 by Yo

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Accessing formal support through the Accessing formal support through the lifespanlifespan

Structure

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1. What is formal support?

2. Do I want/need it?

3. How do I get it?

4. What will it cost me?

5. Summary

1. What is formal support?

Benefits

Housing

Healthcare

Education

Disability rights

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Work

Social care

Advocacy

Voluntary groups

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1. What is formal support?

1. What is formal support?

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2. Do I want/need it?

The BAD stuff

• Dependency is not fun

• Lots of initiative required!

• Is the paperwork worth it?

• It’s NOT free

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2. Do I want/need it?

The GOOD stuff

• Direct payments don’t count for benefits• Autonomy and control are important and the changes

are very positive for those• When it works, it can work really well and let you do

things you couldn’t otherwise do• If you know your legal rights, or can get a good

advocate, it is possible to get good support.• The charges can be manageable if you are able to get a

fair financial assessment (and know the rules)

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3. How do I get it?

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3. How do I get it?

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• Assessment

• Eligible or Not

• Financial assessment

3. How do I get it?

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3. How do I get it?

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0-25

Education Health and Care plans (EHC)

Education based

Health and Care parts not enforceable via tribunal

18 +

Care and support plans

Social services based

Same legal framework for all adults, but your needs may change a lot as your

life does

65 +

Same legal framework

But often ‘older adult’ teams who are not very

appropriate

3. How do I get it? - children

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The current ELIGIBILITY criteria – social care services for ‘children in need’

LA have general duty to provide services to children ‘in need’ who include those who are disabled

3. How do I get it? - children

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The new ELIGIBILITY criteria – EHC plans

Must have Special Educational Needs (SEN) i.e.• Have a learning difficulty or disabilityAND• Need education which is “additional to” or “different

from” what is provided by mainstream education for all children

To get social care provision in the plan, must be a “child in need” i.e. have a disability (not just a learning difficulty)

.

3. How do I get it? - adults

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The current ELIGIBILITY criteria – substantial

• there is, or will be, only partial choice and control over the immediate environment; and/or

• abuse or neglect has occurred or will occur; and/or• there is, or will be, an inability to carry out the majority of

personal care or domestic routines; and/or• involvement in many aspects of work, education or learning

cannot or will not be sustained; and/or• the majority of social support systems and relationships

cannot or will not be sustained; and/or• the majority of family and other social roles and

responsibilities cannot or will not be undertaken

3. How do I get it? - adults

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The new ELIGIBILITY criteria (probably from April 2015)

• because of a disability

You have a LOT of difficulty with at least one of:

• looking after yourself (or a child if you are a parent)

• maintaining basic, essential social relationships (eg with your family)

• accessing any meaningful activity (eg voluntary work, studying)

• accessing services in the community (eg GP, leisure activities)

AND

• that this is having a negative impact on your wellbeing

3. How do I get it?

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Other key changes:

• Carers right to services

• Advocacy

4. What will it cost me?

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4. What will it cost me?

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CURRENTCharges must be “reasonable”Guidance places some limits on us of ‘standard lists’ for disability-related expenditure

NEW“people should only be required to pay what they can afford”Guidance doesn’t cover issue of ‘standard lists’ at all BUT public law still requires that councils behave rationally!

STAYING THE SAMECharges must not reduce income below Income Support/Pension Guarantee Credit + 25%

“necessary disability-related expenditure” should be excluded from income when calculating charges

5. Summary

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