What the announcement of new areas of ‘Rights to Have’ for a personal health budget means in practice

On 21 February 2019 the Department of Health and Social Care published the consultation response on extending legal rights for personal health budgets and integrated budgets.

In doing this, Caroline Dinenage, Minister for Care, announced the first new areas which will have a legal right to a personal health budget. These are for people eligible for an NHS wheelchair and people who access after care services under section 117 of the Mental Health Act.

This announcement supports the commitment in the NHS Long Term plan that up to 200,000 people will have access to a personal health budget by 2024. It extends the legal ‘right to have’ beyond NHS Continuing Healthcare (CHC) and Children and Young People’s Continuing Care.

The announcement signals the intent to CCGs who should now be preparing for the legal rights to come into force. Work is now underway to include these rights in legislation and it is anticipated this could be in place as early as Autumn 2019.

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