§ Mr. Nigel JonesTo ask the Secretary of State for Health what working definition of personal care is used when determining whether a patient is receiving personal care or nursing care, in order to determine eligibility for funding that care. [121880]
§ Dr. LadymanNo definition of personal care is used in determining eligibility for funding care. Where a person's primary need is a health need, then the National Health Service is responsible for all their care. The NHS is also responsible for nursing care in any setting. This is defined, in section 49 of the Health and Social Care Act 2001, as "services provided by a registered nurse and involving either the provision of care or the planning, supervision or delegation of the provision of care, other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a registered nurse". Where a person needs care other than services for which the NHS is responsible, those services can be provided by a local authority on a means tested basis.
The Royal Commission on Long Term Care defined personal care as care of an intimate nature, including help with toileting and other personal needs such as bathing, dressing and undressing, and with feeding. This definition is not used in determining eligibility for funding care. Where a person's needs are primarily and substantially for health care then all their care is funded by the NHS. The NHS also funds nursing care in any setting, this is nursing care as defined by section 49 of the Health and Social Care Act 2001 as "services provided by a registered nurse and involving either the provision of care or the planning, supervision or delegation of the provision of care, other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a registered nurse". Where a person needs care other than that provided by the NHS this can be provided by a local authority on a means tested basis.