The High Court quashes a Department of Health policy on paying for healthcare costs in nursing homes.
A decision to quash a Department of Health policy on paying for care costs in nursing homes has been welcomed by the NI commissioner for older people.The judge ruled the department failed to properly consider the impact on elderly people who could potentially lose life savings to meet health costs.The commissioner, Mr Lynch, took a judicial review on behalf of Robin McMinnis.
The judicial review highlighted that the criteria and threshold for when a person should pay for their care is unclear and operates differently between each health trust.All older people with assets worth more than £23,250 have to pay for their social care. The judge ruled that Mr McMinnis was unfairly refused the funding and ordered the Belfast Trust to reconsider his application.'Very clear message'"This is also a win for the many older people who have contacted my office over the past number of years in relation to issues with continuing healthcare assessments, all of whom will now be entitled to receive the fair assessment they deserve," he said.
"The 2021 policy has been abolished and it is now up to the Department of Health to issue guidance on the application of the 2010 policy and to work urgently with the trusts to put in place a lawful process, which will fairly assess an older person's needs.
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