Other Facts Flashcards
When a local authority charges for respite care, what aspect of this care, if any, is normally free of charge?
Any nursing care provided
The Coughlan case is related to which area of a health authority’s responsibility?
Providing for a patients healthcare when it has been identified as a primary need
An individual may be eligible for NHS funded nursing care if the individual is NOT eligible for what…
If they are not eligible for NHS funded continuing healthcare
How does the Department of Health arrange for a new long term care initiative to be implemented in the local area?
In conjunction with the local Clinical Commissioning Group
Palliative Care is usually the responsibility of who? (Care for people with terminal illnesses)
NHS England
Who is responsible for assessing the financial assistance required for a patient to be discharged from hospital to a residential care home?
A local authority financial assessment officer
When assessing care costs, in what circumstances do the local authority ALWAYS disregard half of an individuals occupational pension?
When half or more of the pension is passed to a spouse living at home
Are investment bonds with an element of life cover included in the capital means test?
No
Why would a married couple change ownership of their house to tenants in common if one of them entered a care home?
To remove half the house value from the means test if the other partner died first
A health cash plan is primarily designed to provide…
A cash lump sum payable as a consequence of poor health or the need for treatment
If an attorney plans to make substantial gifts, who must approve these gifts?
The Court of Prtoection
The attorney under an LPA can make decisions on loss of mental capacity of the donor for their…
Property AND financial affairs AND health and welfare
An individual has gifted his home through a trust, in what circumstances would the local authority take the value of the property into account when conducting a fund assessment for continuous care purposes?
If the trust was set up less than 6 months ago
Assets owned through joint tenancy do not form part of the distributable estate on first death of a married couple
If someone has been detained under the Mental Health Act, will their current Will remain valid?
Yes
Is cognitive impairment alone sufficient to make a valid claim on a LTCI?
Yes
In what country is there NO lower savings threshold in respect of means testing for the costs of residential care?
Wales
What assessment must take place prior to a person receiving domiciliary care?
A care needs assessment
Scotland = flat rate support from local authority
If someone receives BOTH elements of pension credit, this confirms that they…
Reached State Pension age before April 2016
How would someone qualify for the additional component under the Personal Independence Allowance?
If they have difficulty walking or getting around
An individual would be expected to fund the full cost of residential care without State help if…
They have more than the upper limit of capital for means-testing purposes
How often should a long term care plan by a local authority be subject to a review?
At least annually or more frequently if needed
If a complaint regarding long term care is not resolved by the IFA, who can the client then complain to?
The FOS
How does the FCA regulate pure protection contracts for long term care?
In the same way as “designated investments”
Is continuous health care assessed on needs only and disregards a persons income and capital?
Yes, it is assessed on needs only
An intermediate care package is provided free for how long?
Maximum of 6 weeks
How is tariff income calculated where the value of capital falls within the upper and lower limits?
Capital is translated into tariff income based on £1 for each £250 between the lower and upper limit
After paying domiciliary care an individual must be left with an amount equal to
The rate of income support or pension credit they are eligible for
What type of assessment does a local authority carry out before someone is able to receive care in their own home?
A Needs assessment
What is the general term for the use of existing pension arrangements to fund care costs?
Decumulation options
A comprehensive PMI policy will sometimes provide cover for Home Nursing
The Office of Care and Protection is the administrative arm of the Court of Protection in which country?
Northern Ireland
Can an EPA be used prior to it being registered with the OPG?
Yes
What is the income tax position if the benefits from a pre funded LTCI policy are paid direct to the policy holder?
No tax payable
Sheltered accommodation is for those who can live independently but with reassurance that help is close at hand in case of emergency
When someone dies intestate with a spouse but no children = whole estate passes to spouse
Local authorities make financial assessments for long term care funding based on which rules…
Care and Support Regulations
ESA is not a means tested benefit!
Upon death, what is the main difference between tenants in common and joint tenancy?
Tenants in common = the value of their share passes to the deceased estate
Joint tenancy = the property automatically passes to the surviving person
When conducting a financial means assessment, what are 3 examples of disregarded income?
50% of a private pension
Any investment income
The Mobility part of the Disability Living Allowance
6 examples of non-means tested benefits…
Attendance Allowance
Bereavement Support Payment
Carer’s Allowance
Disability Living Allowance
New style Employment and Support Allowance
Personal Independence Payment
Who can be appointed to manage an individuals property or financial affairs in Scotland once someone has lost capacity?
Continuing Attorney
What accounts for the largest proportion of care for older people in the UK?
Unpaid care
In relation to GDPR, whose role is it to say how and why data is processed?
The data controller
Who can execute a statutory will for a person lacking mental capacity?
The Court of Protection
Failure of how many ADL’s is normally required for a successful claim under a LTCI plan for full residential nursing care?
3 or 4
What test is used to assess a claim under a LTCI based on Cognitive Impairment?
Mini Mental State Examination
What are the intestate rules for someone who a) dies with spouse but no children and b) dies with children
A) spouse takes entire estate
B) spouse takes personal chattels plus jointly owned assets and £270,000 absolutely
And any amount above £270,000 spouse receives half and remaining half split between children
An EPA can only deal with which affairs?
Property and Financial affairs
“External changes” to a clients status relates to which 2 areas of planning
Changes in tax planning or legislation
Changes in investment conditions ie inflation
What are the two components of the PIP?
Daily living component
Mobility component
For financial eligibility for residential care, name 3 types of income that is fully taken into account and 3 types that are disregarded…
Fully taken into account:
State pension/occupational pension
Income from insurance
Most social security benefits (AA/PIP/DLA)
Fully disregarded:
Income from employment
Income from mortgage protection policy
Income from savings
Annuity income from lifetime mortgage
Which bodies are responsible for the provision of local health services in Wales?
Local Health Boards and three NHS Trusts
Where a living Will refers to an “advance decision” what does this mean?
A legally binding statement by an individual refusing a stated treatment
How are benefits taxed under a deferred care plan?
Free of paid direct to care provider, treated as part of income and part capital if paid to the plan holder
For how many years must someone have a full NI record to qualify for the full New State Pension?
35
Someone may be eligible for NHS funded nursing care if the individual is…
Not eligible for NHS funded continuing care AND lives in a care home providing nursing care
Which body will ultimately make decisions on financial or welfare matters for people who lack capacity and who CANT look after their own affairs
The Court of Protection
Divorce doesn’t revoke a Will
Can a power of attorney set up a Will for the donor?
Yes but only by applying to the Court of Protection
PIP is for people between 16 and State Pension Age
After someone’s care needs have been assessed, within what time period would a further assessment of someone’s health need to take place?
6-8 weeks
What is a deferred payment agreement (DPA)?
Once the 12 week period has passed (with regard to main residence) a DPA may be arranged, which would be based on the difference between what someone is assessed to pay if their home was taken into account, and what they actually pay
The single assessment process in Scotland is known as?
The Single Shared Assessment (SSA)
Will capital in a discretionary trust be included as capital when assessing someone’s finances?
No, unless the local authority believes the trust was deliberately created to increase the local authorities contribution towards the care costs
If care is jointly funded by the local authority and the person who requires care, how does the care home usually receive payment?
From the local authority
In England, registered nursing care is funded by
ICS
