Top-up guidance

This information is to guide everyone involved in the process of ensuring a smooth transfer of people considering moving from their homes or hospital into accommodation where care is provided. The general principle governing this guidance is to ensure that there is clarity on the information we provide as they consider the options available to them.

Accommodation under Section 117 of the Mental Health Act 1983

A person who qualifies for the provision of aftercare services under S117 of the 1983 Mental Health Act may be provided with accommodation to meet needs arising from their mental disorder. If provided with accommodation under that section the person has the same rights to choose their preferred accommodation as above, save for the following differences:

  • Instead of a care and support plan they will have an aftercare plan, which would be reviewed regularly or at least once a year to determine if the section 117 needs to continue.

S.117 After care under the Mental Health Act is provided free of charge. The care plan should be drawn up under guidance on the Care Programme Approach (CPA). However, S.117A of the Mental Health Act makes provision for the person concerned to pay additional cost for the person’s preferred accommodation

  • They will not have a personal budget. A top-up payment will therefore be required where the cost of the preferred accommodation exceeds the usual costs to the Council of providing that type of accommodation. The top-up amount will be the difference between this usual cost and the cost of the preferred placement.
  • The choice of accommodation will only apply to people aged 18 years and over.