How we use the Human Rights Act: Direct Payments to care for father

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 to our community care team 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 our client was eligible for the Direct Payment Scheme to employ a personal assistant.

We contacted the Trust, citing the relevant healthcare legislation and the Human Rights Act, and direct payments were set up immediately. The Trust also increased the level of payment awarded and provided back-payment.

Relevant legislation

Health and Personal Social Services (NI) Order 1972

Carers and Direct Payments Act (NI) 2002

Chronically Sick and Disabled Persons (NI) Act 1978

Human Rights Act 1998 - Article 8, Right to a Private and Family Life

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