Other Facts Flashcards

(68 cards)

1
Q

When a local authority charges for respite care, what aspect of this care, if any, is normally free of charge?

A

Any nursing care provided

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2
Q

The Coughlan case is related to which area of a health authority’s responsibility?

A

Providing for a patients healthcare when it has been identified as a primary need

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3
Q

An individual may be eligible for NHS funded nursing care if the individual is NOT eligible for what…

A

If they are not eligible for NHS funded continuing healthcare

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4
Q

How does the Department of Health arrange for a new long term care initiative to be implemented in the local area?

A

In conjunction with the local Clinical Commissioning Group

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5
Q

Palliative Care is usually the responsibility of who? (Care for people with terminal illnesses)

A

NHS England

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6
Q

Who is responsible for assessing the financial assistance required for a patient to be discharged from hospital to a residential care home?

A

A local authority financial assessment officer

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7
Q

When assessing care costs, in what circumstances do the local authority ALWAYS disregard half of an individuals occupational pension?

A

When half or more of the pension is passed to a spouse living at home

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8
Q

Are investment bonds with an element of life cover included in the capital means test?

A

No

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9
Q

Why would a married couple change ownership of their house to tenants in common if one of them entered a care home?

A

To remove half the house value from the means test if the other partner died first

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10
Q

A health cash plan is primarily designed to provide…

A

A cash lump sum payable as a consequence of poor health or the need for treatment

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11
Q

If an attorney plans to make substantial gifts, who must approve these gifts?

A

The Court of Prtoection

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12
Q

The attorney under an LPA can make decisions on loss of mental capacity of the donor for their…

A

Property AND financial affairs AND health and welfare

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13
Q

An individual has gifted his home through a trust, in what circumstances would the local authority take the value of the property into account when conducting a fund assessment for continuous care purposes?

A

If the trust was set up less than 6 months ago

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14
Q

Assets owned through joint tenancy do not form part of the distributable estate on first death of a married couple

A
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15
Q

If someone has been detained under the Mental Health Act, will their current Will remain valid?

A

Yes

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16
Q

Is cognitive impairment alone sufficient to make a valid claim on a LTCI?

A

Yes

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17
Q

In what country is there NO lower savings threshold in respect of means testing for the costs of residential care?

A

Wales

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18
Q

What assessment must take place prior to a person receiving domiciliary care?

A

A care needs assessment

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19
Q

Scotland = flat rate support from local authority

A
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20
Q

If someone receives BOTH elements of pension credit, this confirms that they…

A

Reached State Pension age before April 2016

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21
Q

How would someone qualify for the additional component under the Personal Independence Allowance?

A

If they have difficulty walking or getting around

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22
Q

An individual would be expected to fund the full cost of residential care without State help if…

A

They have more than the upper limit of capital for means-testing purposes

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23
Q

How often should a long term care plan by a local authority be subject to a review?

A

At least annually or more frequently if needed

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24
Q

If a complaint regarding long term care is not resolved by the IFA, who can the client then complain to?

A

The FOS

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25
How does the FCA regulate pure protection contracts for long term care?
In the same way as “designated investments”
26
Is continuous health care assessed on needs only and disregards a persons income and capital?
Yes, it is assessed on needs only
27
An intermediate care package is provided free for how long?
Maximum of 6 weeks
28
How is tariff income calculated where the value of capital falls within the upper and lower limits?
Capital is translated into tariff income based on £1 for each £250 between the lower and upper limit
29
After paying domiciliary care an individual must be left with an amount equal to
The rate of income support or pension credit they are eligible for
30
What type of assessment does a local authority carry out before someone is able to receive care in their own home?
A Needs assessment
31
What is the general term for the use of existing pension arrangements to fund care costs?
Decumulation options
32
A comprehensive PMI policy will sometimes provide cover for Home Nursing
33
The Office of Care and Protection is the administrative arm of the Court of Protection in which country?
Northern Ireland
34
Can an EPA be used prior to it being registered with the OPG?
Yes
35
What is the income tax position if the benefits from a pre funded LTCI policy are paid direct to the policy holder?
No tax payable
36
Sheltered accommodation is for those who can live independently but with reassurance that help is close at hand in case of emergency
37
When someone dies intestate with a spouse but no children = whole estate passes to spouse
38
Local authorities make financial assessments for long term care funding based on which rules…
Care and Support Regulations
39
ESA is not a means tested benefit!
40
Upon death, what is the main difference between tenants in common and joint tenancy?
Tenants in common = the value of their share passes to the deceased estate Joint tenancy = the property automatically passes to the surviving person
41
When conducting a financial means assessment, what are 3 examples of disregarded income?
50% of a private pension Any investment income The Mobility part of the Disability Living Allowance
42
6 examples of non-means tested benefits…
Attendance Allowance Bereavement Support Payment Carer's Allowance Disability Living Allowance New style Employment and Support Allowance Personal Independence Payment
43
Who can be appointed to manage an individuals property or financial affairs in Scotland once someone has lost capacity?
Continuing Attorney
44
What accounts for the largest proportion of care for older people in the UK?
Unpaid care
45
In relation to GDPR, whose role is it to say how and why data is processed?
The data controller
46
Who can execute a statutory will for a person lacking mental capacity?
The Court of Protection
47
Failure of how many ADL’s is normally required for a successful claim under a LTCI plan for full residential nursing care?
3 or 4
48
What test is used to assess a claim under a LTCI based on Cognitive Impairment?
Mini Mental State Examination
49
What are the intestate rules for someone who a) dies with spouse but no children and b) dies with children
A) spouse takes entire estate B) spouse takes personal chattels plus jointly owned assets and £270,000 absolutely And any amount above £270,000 spouse receives half and remaining half split between children
50
An EPA can only deal with which affairs?
Property and Financial affairs
51
“External changes” to a clients status relates to which 2 areas of planning
Changes in tax planning or legislation Changes in investment conditions ie inflation
52
What are the two components of the PIP?
Daily living component Mobility component
53
For financial eligibility for residential care, name 3 types of income that is fully taken into account and 3 types that are disregarded…
Fully taken into account: State pension/occupational pension Income from insurance Most social security benefits (AA/PIP/DLA) Fully disregarded: Income from employment Income from mortgage protection policy Income from savings Annuity income from lifetime mortgage
54
Which bodies are responsible for the provision of local health services in Wales?
Local Health Boards and three NHS Trusts
55
Where a living Will refers to an “advance decision” what does this mean?
A legally binding statement by an individual refusing a stated treatment
56
How are benefits taxed under a deferred care plan?
Free of paid direct to care provider, treated as part of income and part capital if paid to the plan holder
57
For how many years must someone have a full NI record to qualify for the full New State Pension?
35
58
Someone may be eligible for NHS funded nursing care if the individual is…
Not eligible for NHS funded continuing care AND lives in a care home providing nursing care
59
Which body will ultimately make decisions on financial or welfare matters for people who lack capacity and who CANT look after their own affairs
The Court of Protection
60
Divorce doesn’t revoke a Will
61
Can a power of attorney set up a Will for the donor?
Yes but only by applying to the Court of Protection
62
PIP is for people between 16 and State Pension Age
63
After someone’s care needs have been assessed, within what time period would a further assessment of someone’s health need to take place?
6-8 weeks
64
What is a deferred payment agreement (DPA)?
Once the 12 week period has passed (with regard to main residence) a DPA may be arranged, which would be based on the difference between what someone is assessed to pay if their home was taken into account, and what they actually pay
65
The single assessment process in Scotland is known as?
The Single Shared Assessment (SSA)
66
Will capital in a discretionary trust be included as capital when assessing someone’s finances?
No, unless the local authority believes the trust was deliberately created to increase the local authorities contribution towards the care costs
67
If care is jointly funded by the local authority and the person who requires care, how does the care home usually receive payment?
From the local authority
68
In England, registered nursing care is funded by
ICS