NI: Law Centre uses Human Rights Act to resolve delayed care payments
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Law Centre (NI) resolved a delay in setting up direct payments for a man with complex physical needs to receive care from his son.
The case had been referred by the Centre for Independent Living because the son had been providing a considerable level of care without receiving any salary for several months. This was in spite of the Trust having already determined that the client was eligible for the Direct Payment Scheme to employ a personal assistant.
The Law Centre’s community care legal adviser contacted the Trust, citing the relevant healthcare legislation and the Human Rights Act. Direct payments were set up immediately. The Trust also increased the level of payment awarded and provided back-payment.
The relevant legislation was Health and Personal Social Services (NI) Order 1972, Carers and Direct Payments Act (NI) 2002, Chronically Sick and Disabled Persons (NI) Act 1978 and Human Rights Act 1998.
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