A person is eligible for s117 if he/she has:

• been detained under Section 3, or
• been admitted to hospital in pursuance of a hospital order made under Section 37 or 41, or
• been transferred to a hospital in pursuance of a hospital direction made under Section 45A or a transfer direction under Section 47 or 48

This includes people granted leave of absence under Section 17 and people going on to community treatment orders (CTOs).

It applies to people of all ages, including children and young people.

Immigration exclusions under Schedule 3 Nationality and Asylum Act 2002 do not apply to s117 therefore eligibility to s117 is not affected by immigration status. It applies to people who have no recourse to public funds.

Prisoners that are transferred to hospital under section 47 or section 48 are eligible for s117 aftercare or when they are released from prison having spent part of their sentence detained in hospital under a relevant section of the Act.

A person who is eligible for s117 aftercare has the same rights to NHS Continuing Health Care (CHC) for their physical or other health needs that fall outside the scope of s117. Individuals eligible to s117 are also eligible to NHS Funded Nursing Care (FNC). Further information can be found in the s117 policy and National Framework for NHS CHC and NHS FNC.