Explanatory Memorandum

Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002

2002 CHAPTER 5

26 March 2002

Background and Policy Objectives

3.The Act introduces new arrangements for funding and managing the care of people with social security ‘preserved rights’. Previously, anyone who could find a place in an independent sector residential care home was able to have that place funded by social security, subject only to a means test. From April 1993, that was changed and, before anyone was admitted to a care home and paid for from public funds, assessment under an Health and Social Services Trust’s care management procedures became mandatory. This was to ensure that those admitted to homes actually needed that level of care, and to help maintain people in their own home with appropriate support where that was a feasible alternative.

4.Those already in homes at the change-over retained their entitlement to centrally fixed social security rates to fund their places. These rates have become increasingly inadequate, and it is considered inequitable that these ‘preserved rights’ cases should be treated differently from those who entered the care system after April 1993. The ‘preserved rights’ entitlement did not apply to persons in statutory sector homes. Responsibility for all ‘preserved rights’ cases will now be transferred to HSS Trusts’ normal care management arrangements.