Going into and coming out of hospital

If you already have support at home and you need to go into hospital, you may be wondering what happens to your support arrangements.

This page gives some information about what happens when you go into hospital, and what happens when you leave.

This page is for people already have support in place before going in to hospital.

If you did not have support before going into hospital, read this article instead: Support when you are coming out of hospital

What happens to your support depends on how the support is provided. Find out more below.

 

If your council chooses arranges and your support for you

If your council chooses and arrange your support for you, they are responsible for putting the support on hold when you go into hospital.

They are also responsible for restarting any support you need when you leave hospital.

If your needs have changed after a stay in hospital, you can ask your social worker for a review of your support.

Find out more here: Reviewing your support

 

If you choose your support and another organisation manages the money

You may choose the type of support you get and who provides it, but another organisation arranges it and manages the money for you.

In this case, if you have to go into hospital, you need to tell them and they will arrange for your usual support to be put on hold or adjusted.

They will also speak to your council to manage the money side of things.

 

If you are paid money directly and you use this to buy support from an agency or organisation

If you choose to be paid directly and manage your own support budget, this is called a Direct Payment.

If you need to go into hospital, many but not all councils will agree to carry on with your usual Direct Payment for a short time (up to around 4 or 6 weeks).

After this short time of around 4-6 weeks, the funding for your support might stop if you are still in hospital.

You will have a Direct Payment Agreement with your council. This agreement should say what happens with your Direct Payment if you go into hospital.

You can also ask your social worker for information about what will happen with your Direct Payment in this situation.

You should have a contract with the agency or organisation you purchase support from. Find out what the contract says about what happens with your support if you go into hospital.

 

If you are paid money directly and use this to employ Personal Assistants

If you need to go into hospital, often, councils will agree to carry on with your usual Direct Payment for a short time (up to around 4 or 6 weeks). This is to allow you to carry on employing your Personal Assistants (PAs) so they can support you again when you leave hospital.

After this time, the funding for your support might stop if you are still in hospital.

You will have a Direct Payment Agreement with your council. This agreement should say what happens with your Direct Payment if you go into hospital.

You can also ask your social worker for information about what will happen with your Direct Payment in this situation.

It is a good idea to have a Contingency Plan that sets out what happens with your PAs if you need to go into hospital.

It is also recommended to include information in your Personal Assistants’ employment contracts that says what will happen if you have to go in to hospital.

 

If you need more support than you did before, when you leave hospital

After being in hospital, you may need more support than you did before, if your health has got worse.

You can ask your social worker for a review of your support. Unfortunately, it can take some time to get a review of your support.

It may be helpful to speak to an Independent Support Organisation for help with requesting a review.

You can find your local Independent Support Organisation using the Find Help search tool.

The SDS Statutory Guidance is legal guidance written for local councils to tell them how social care support (Self-directed Support) should work.

It says if you have a Direct Payment and need to go into hospital:

  • If you employ Personal Assistants, your council should continue the Direct Payment for a short period of time to allow them to remain employed.
  • Your social worker may consider pausing your Direct Payment temporarily if you are in hospital for a longer period.
  • Your social worker may consider pausing your Direct Payment temporarily if being in hospital means you are no longer able to manage the Direct Payment, even with support.
  • If your council are thinking about pausing your Direct Payment, they should tell you as soon as possible.
  • Your council should avoid doing anything about your Direct Payment without speaking with you first.
  • Your council has to consider the impact on you and your support if they decide to stop your Direct Payment.
  • Your Direct Payment Agreement should set out a minimum notice period your council have to give you if they decide to stop your Direct Payment.

You can read the full Statutory Guidance here.

Part of
Last Updated
23 August 2024
First Published
24 March 2024
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.