DLA in care home

would really appreciate some help with 2 cases that i have;

2 clients both resident in the same private care home.

1st client - now funded by continuing health care - paid by the health authority. he was previously being paid DLAM but this has now stopped as they are stating resident in similar insitution.
the submission states that an assessment was undertaken and my client’s primary need was for health care - which only the NHS can provide.
section 12 of the NHS Act 2006 enables the NHS to purchase health care from the private sector therefore regarded as free in-patient care so similar to an NHS hospital.

i have been advised that if my client is not receiving ‘more than merely incidental and ancillary nursing needs that i have ground for appeal but i have no idea how to go about this.

suggestions would be greatly appreciated.

2nd client - also in same care home however joint funded by social services and health authority - is receiving DLAM payments however DLAC payments have stopped because resident in a care home.
provided under section 117 mental health act
just wanted to check whether this decision was correct and what are my chances of appealing?

i know it’s a lengthy one but you’re suggestions and help would be greatly appreciated.

cheers

just checked subnmission paperwork and it does contain info from PCT - accom is provided/paid for under section 12 of NHS AAct 2006 so will check out the regs.

cheers

Laura, Check out this thread: http://www.rightsnet.org.uk/forums/viewthread/134/ 
Cheers