HC Deb 06 March 1991 vol 187 cc171-2W
Mr. Andrew Bowden

To ask the Secretary of State for Social Security (1) what guidance he will issue to local adjudicating officers on arrangements for care for claimants in former local authority homes who(a) are existing residents in a former local authority home, (b) are new residents nominated by the local authority entering the home after transfer, (c) are new residents not nominated by the local authority and (d) live in homes where (i) staff employment remains the local authority's responsibility, but the new provider manages the scheme, (ii) property is leased to fall-back provisions and (iii) a fund is made available by the local authority to cover necessary top-ups of fees;

(2) what guidance he will issue to local adjudicating officers to assist them in determining the eligibility of individual claimants to enhanced levels of income support when local authorities have transferred elderly residents' homes to independent trusts or voluntary bodies.

Miss Widdecombe

Eligibility for income support is defined by regulation. Decisions regarding claims to benefit will be made at local level by the independent adjudication officers, who are provided with guidance on the interpretation of the regulations by the chief adjudication officer in the published adjudication officers' guide.

No special arrangements have been made for when homes are transferred out of local authority control. The existing guidance issued to adjudication officers is available to assist in determining eligibility for income support in such cases.

Mr. Andrew Bowden

To ask the Secretary of State for Social Security what guidance he will give to local adjudication officers about eligibility of claimants to income support when they are in nursing homes where arrangements made by health authorities rely on patients claiming income support and where(a) premises are transferred from health authorities to independent providers, (b) beds are reserved through health authority contracts, (c) health authorities have arranged with a third party for sums of money to be available for top-up of income support and (d) health authorities retain rights, or continue to employ staff directly.

Miss Widdecombe

Eligibility for income support is defined by regulation. Independent adjudication officers are provided with guidance on the interpretation of the regulations by the chief adjudication officer (rather than my right hon. Friend) in the published adjudication officers guide.

The NHS has a responsibility for providing medical and nursing care. This is mainly provided in NHS accommodation. Health authorities (HAs) can enter into contractual arrangements with independent nursing homes for the treatment of NHS patients. They cannot charge people when they do so. Patients in private homes under these arrangements are NHS in-patients and cannot be charged and therefore cannot receive income support as that benefit is designed to provide help with actual charges. HAs cannot make topping-up payments.