Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, how the boundary between NHS and local authority responsibilities is applied in practice when assessing eligibility for NHS Continuing Healthcare.

NHS Continuing Healthcare (CHC) is a package of ongoing care that is arranged and funded solely by the National Health Service where the individual has been assessed and found to have a ‘primary health need’.

An individual has a primary health need if, having taken account of all their needs, the main aspects or majority of the care they require is focused on addressing and/or preventing health needs. In deciding whether a person has a primary health need, the integrated care board (ICB) must consider whether the support required by that person is above the limits of what the local authority can provide. Under Section 22 of the Care Act 2014, local authorities are generally prevented from meeting needs by offering services that the NHS must provide under the National Health Service Act 2006.

As far as is reasonably practicable, the ICB must consult with the relevant local authority before making any decision about an individual’s eligibility for CHC.