Being told you have to sell your house to pay for care is one of the biggest fears many people face. What makes this even more stressful for people is that in some cases, it is not necessarily true. People with mental health conditions may qualify for NHS Continuing Healthcare funding.
Take a recent client – we will call him Michael. Michael has spent years caring for his wife Julie, who suffers from severe mental illness. Eventually after her condition worsened and reached crisis point, Julie was sectioned. This was extremely upsetting for Julie’s family. When it was time for her to leave hospital after a lengthy stay, it was clear Julie would need long-term residential care due to her condition. The social worker told Michael he would have to sell his home, which he owns jointly with Julie, to pay for the care – even though Michael and his wife still lived in it.
As in so many cases we hear about here at Just Caring Legal, that information was just plain wrong. People like Julie who have been kept in hospital under the Mental Health Act for long periods usually qualify for free support after they leave hospital. The law that gives this right is section 117 of the Mental Health Act. It is often referred to as ‘section 117 aftercare’ .
What is Section 117 aftercare?
Section 117 aftercare is available to those who have been detained because of a mental health condition under Section 3 of the Mental Health Act. Section 3 covers longer stays in a mental health setting in contrast to a maximum 28-day Section 2 stay.
The sort of things that might make up aftercare services under section 117 include: healthcare, social care and employment services, supported accommodation, and services to meet your social, cultural and spiritual needs.
The crucial point about Section 117 aftercare is that it is free to the individual who needs it. It is designed to meet the longer-term needs arising from their mental health condition. Additionally, it was created to reduce the likelihood of their mental condition getting worse.
However, like many of our clients, Michael did not receive any of this vital information at the time. In fear of losing his home, Michael got in touch with us, and we were able to tell him about these crucial rights.
The family do not necessarily need to sell their property to pay for aftercare
We hear of many situations where people believe – wrongly – that they must sell their home to pay for a relative’s care. Occasionally, that is because someone in authority has told them this. Often it is simply not true. There can be other avenues to explore first. Section 117 is one example, NHS Continuing Healthcare funding is another.
If you have a relative or friend coming out of a lengthy stay in a mental health setting who needs continuing care, be aware of this important information. They may be entitled to free aftercare under section 117 of the Mental Health Act. Be sure to ask the social or mental health worker managing their case about this as soon as the subject is raised. Don’t accept at face value the claim that you must use proceeds from your property to pay for care.
And if you are still in doubt, get in touch with Just Caring Legal for a free consultation about your case.