This is work related and aimed specifically at Andy, Michael, Lisa etc. - if someone was awarded one of the new personal health budgets that are now being launched would this count as income or be regarded as a grant that could not be touched under bankruptcy or an IVA.
If a PHB is agreed someone may be allowed a low to high 5 to 6 figure sum to support their health needs.
There are varying models being tried across the country and awards may be made via councils or health trusts.
This is not DLA or anything like that - the sum is provided so that they might purchase additional support, care, equipment etc.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
To be honest I have never heard of them so have no idea. However usually anything for disability is excluded and if the funds are needed for care, diet etc I would assume they would be exempt. It would be for the insolvency service to decide on any IPOs and I would think it unlikely they would pursue such funds.
As a healthcare professional I woukd expect this money to be protected and not count as income. It is a an allowance for people in need to finance their care. Its funding with purpose rather than income, and certainly not disposable income. We are not hearing much about them in hospital but getting patients coming in from community with PHB so aware of them when planning discharges. Hope that helps.
Thanks - my problem is trying to make the process work. There are a combination of models where trusts administer it, ccgs administer it, councils could be involved etc.
If there is even a risk that it could be taken its something I need to factor in as that could mean having to ask someone what there financial status is or place greater controls on how it is accessed.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
Hi I'm afraid I too do not know anything about the PHBs to be able to comment except to say that if an amount has been assessed as being a necessary budget for your health needs then it would seem fair that that figure/money is allowable as an expense of your income. Sure, an IP can challenge it but it would be harsh to do so if a professional is saying otherwise!
Hi, whilst I have no knowledge of IVA I do have extensive knowledge of Personal Budgets, Personal Health Budgets and Direct Payments for both social care and Health care.
Funds paid directly to an individual by the CCG or Social Services are paid either into a separate bank account specifically for the purpose of paying for the outcomes of a care plan, or they are paid onto a prepayment card again to meet the specific outcomes of a care plan.
They are not income to the individual and there are strict auditing structures in place to ensure the funds are not used for personal use.
These funds are different to payments for Disability Living Allowance/PIP or other social security disability related benefits
To answer your question funds paid by the CCG/ Social Services are not regarded as income to an individual and so should not form part of any income calculations of an sort
Hope that helps
"Think Different today to B Different Tomorrow" (T A. Brimage)
Thanks for that - is there specific legislation that defines the basis of the payment?
I'm aware of the restrictions but more concerned that what is being implemented is "guidance" and that is not the same as "legal basis".
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
To answer my own question s75 of the NHS Act 2006 covers this.
Essentially funds are "delegated" to organisations or individuals.
They should not form part of any I&E assessment by an IP if this is declared nor treated in any way similar to DLA etc.
Final control of the funds rests with the organisation that has delegated them to an individual.
NHS Protect (which essentially is the NHS counter fraud and crime prevention organisation) or council equivalents would have to consider taking action should funds be redirected.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
