There is no legal definition of what constitutes a ‘primary health need’. However, a key court judgement, the Coughlan case, set a precedent for when someone’s healthcare needs are beyond the responsibilities of local authorities and should be paid for by the NHS.
An individual has a primary health need if, having taken account of all their needs (following completion of the Decision Support Tool), it can be said that the main aspects or majority part of the care they require is focused on addressing and/or preventing health needs. Having a primary health need is not about the reason why an individual requires care or support, nor is it based on their diagnosis; it is about the level and type of their overall actual day-to-day care needs taken in their totality ‘ (National Framework 2022, Paragraph 56)
If someone is assessed as eligible for CHC, NHS Birmingham and Solihull funds the full package of health and social care. For example, if a patient is eligible for CHC in their own home, NHS Birmingham and Solihull will pay for health care costs (such as services from a community nurse or specialist therapist) and associated social care costs (such as personal care and help with bathing). In a care home, NHS Birmingham and Solihull also pays for people’s care home fees, including board and accommodation.