Accessing formal support through the lifespan A presentation

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Accessing formal support through the lifespan A presentation at Autscape 2014 by Yo ©

Accessing formal support through the lifespan A presentation at Autscape 2014 by Yo © Yo 2014 1 of 19

Structure 1. What is formal support? 2. Do I want/need it? 3. How do

Structure 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 2 of 19

1. What is formal support? Benefits Work Advocacy Education Voluntary groups Social care Housing

1. What is formal support? Benefits Work Advocacy Education Voluntary groups Social care Housing Healthcare Disability rights 3 of 19

1. What is formal support? 4 of 19

1. What is formal support? 4 of 19

1. What is formal support? 5 of 19

1. What is formal support? 5 of 19

2. Do I want/need it? The BAD stuff • • Dependency is not fun

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 6 of 19

2. Do I want/need it? The GOOD stuff • Direct payments don’t count for

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) 7 of 19

3. How do I get it? 8 of 19

3. How do I get it? 8 of 19

3. How do I get it? • Assessment • Eligible or Not • Financial

3. How do I get it? • Assessment • Eligible or Not • Financial assessment 9 of 19

3. How do I get it? 10 of 19

3. How do I get it? 10 of 19

3. How do I get it? 0 -25 18 + 65 + Education Health

3. How do I get it? 0 -25 18 + 65 + Education Health and Care plans (EHC) Care and support plans Same legal framework Social services based But often ‘older adult’ teams who are not very appropriate Education based Health and Care parts not enforceable via tribunal Same legal framework for all adults, but your needs may change a lot as your life does 11 of 19

3. How do I get it? - children The current ELIGIBILITY criteria – social

3. How do I get it? - children 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 12 of 19

3. How do I get it? - children The new ELIGIBILITY criteria – EHC

3. How do I get it? - children The new ELIGIBILITY criteria – EHC plans Must have Special Educational Needs (SEN) i. e. • Have a learning difficulty or disability AND • 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). 13 of 19

3. How do I get it? - adults The current ELIGIBILITY criteria – substantial

3. How do I get it? - adults 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 14 of 19

3. How do I get it? - adults The new ELIGIBILITY criteria (probably from

3. How do I get it? - adults 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 15 of 19

3. How do I get it? Other key changes: • Carers right to services

3. How do I get it? Other key changes: • Carers right to services • Advocacy 16 of 19

4. What will it cost me? 17 of 19

4. What will it cost me? 17 of 19

4. What will it cost me? CURRENT Charges must be “reasonable” Guidance places some

4. What will it cost me? CURRENT Charges 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 SAME Charges must not reduce income below Income Support/Pension Guarantee Credit + 25% “necessary disability-related expenditure” should be excluded from income when calculating charges 18 of 19

5. Summary 19 of 19

5. Summary 19 of 19