Case study

  • Date:
    February 2018
  • Category:
    Medical exclusion

Example

Ms C applied for a Community Care Grant for an electric rise and recline chair, a washing machine, underwear and bedding. Ms C explained she had a number of significant mental and physical health issues and requires these items.
 
The council considered the application and awarded a washing machine, however they refused an electric rise and recline chair stating that this was an excluded item and referred to Annex A, point 10 of the SWF guidance. In regards to the request for clothing and bedding they also advised Ms C these were excluded items as considered them to be ‘ongoing expenses’. Ms C’s representative from a local Law Centre submitted a first tier review request for the chair, bedding and underwear. Despite this request the council only reviewed the chair and reiterated this was an excluded item and did not change their decision.
 
Ms C’s representative asked us for an independent review of the council's decision. We considered the particular facts and circumstances of her application. This included information provided by Ms C’s representative and Ms C as well as details of the council’s decision making and letters. We disagreed with the councils assessment that a chair and did not assess that this item was a medical item. We considered that an electric rise and recline chair is not require by Ms C for on-going treatment of her health issues, nor does it provide a medical function in regards to her health issues. We deemed that this chair would allow Ms C to sit comfortably and provide support to her. We consider this item to be similar to a waterproof mattress which SWF provides, this item is not a medical item but does assist with on-going health issues. We therefore changed the council's decision and asked them to award this item. We agreed with the council’s decision regarding clothing and bedding being excluded items and did not change the decision in respect of these matters.

Updated: July 17, 2019