If you have a relative in a residential care home suffering with Dementia or Alzheimer’s you may be able to take advantage of a little known rule that could mean you qualify for free residential care.
Under section 117, aftercare services must be provided for patients sectioned (compulsory detained) under section 3 of the Mental Health Act 1983. This would result in funding being provided to allow for patients to receive care home fees.
To be admitted under section 3, their illness must pose a risk to their own health or safety, or to that of others.
Section 117 aftercare means if a patient needs to be moved from a hospital to a care home, their fees must be paid for.
How the law works
Patients with dementia must be sectioned under section 3 of the Mental Health Act 1983 to qualify for free aftercare. The act has different relevant sections.
Patients can be held in hospital for 28 days under section 2. This can be extended by transferring the patient to section 3. By detaining someone under section 3, they can be detained for up to six months, which can be extended.
If the patient needs to be moved from hospital to a care home their care home fees must be paid for.
If someone is sectioned under section 3, even if they are later ‘downgraded’ to section 2 they are entitled to free aftercare funding.
From day 29 they must either be discharged or re-sectioned under section 3 which means they receive free aftercare.
Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.
Written by guest blogger Andrew Tucker, Financial Planning Solutions Ltd.