Hello everyone I'm seeking some sound advise regarding my mother's care home fees

Allyjhilier

New member
Jun 30, 2024
1
0
Hello, I'm going to try my best, not to ramble. Hoping that someone can point me in the right direction regarding a dispute with the local authority, and my mum's care home fees.
Mum (who has vascular dementia) moved into her lovely care home in July 2022. The local authority financial assessment team at that time, assessed my mum's income and savings. Mum & dad own their own bungalow, and dad still lives there today. They told my brother and I that mums state pension would be taken by DD every month to contribute towards care home fees, but that mum would be left with around £25 per week for her personal use (hairdressing and chiropractor at the home). We were told my dad's state pension, AA & work pension would not be touched to pay for mums care fees. Fast forward TO early April 2024. As my dad's carer, I had a call from City Council debt collection team, telling me that the direct debit from mum and dad's joint bank account for care fees had be declined. I have POA and after a difficult process managed to get x3 months back bank statements. the debt team, told me that the monthly fee taken by DD from mum and dad's bank account is around £888. My mum only has her state pension of around £400 per month. Double what mum's income is. They have therefore been taking mums £400 SP and the other £400 from my dad's income made up from SP, AA and Work Pension. I e mailed immediately and asked why they are taking my dad's money. Within 5 minutes of sending the e mail, I had a call. The officer said, they assumed mum was in receipt of Pension Credit of £200 per week and that was included with the original financial assessment. The bank statements I included with my original e mail verifies that my mum does not, and has never had Pension Credit. They advised me to apply online for it for my mum and ask for it to be backdated to August of 2022. This, I did immediately. A phone call from Pension Credit two days later said the most that would be backdated is x3 months not 2 years. How do i get my dad's money back??? This is an appalling situation leavi g my father through no fault of his own, in very dire straits. The council have taken his money when they had no right to do so.
 

Dave63

Registered User
Apr 13, 2022
496
0
What a mess @Allyjhilier, you must be fuming.

I think you need to get some proper advice about this, may be the forums dementia support line:


or Citizens Advice.

It sounds very much like the mistake is for the local authority to put right, not your mum or dad.
 

dq79

Registered User
Oct 23, 2022
40
0
Sorry to hear this. If the financial assessment is wrong would suggest making a formal complaint with the council and alerting the director of the adult social services to advise and request this is sorted asap / financial recompense made to your father.
 

nitram

Registered User
Apr 6, 2011
30,720
0
Bury
@Allyjhilier
The LA should have informed your mum, or you as LPA, of the amount to be taken by DD on initiation or any change, did this happen?

'A Direct Debit is an instruction from a customer to their payment service provider authorising an organisation to collect varying amounts from their account, as long as the customer has been given advance notice of the collection amounts and dates.'

 

Chizz

Registered User
Jan 10, 2023
4,155
0
Kent
Hello, I'm going to try my best, not to ramble. Hoping that someone can point me in the right direction regarding a dispute with the local authority, and my mum's care home fees.
Mum (who has vascular dementia) moved into her lovely care home in July 2022. The local authority financial assessment team at that time, assessed my mum's income and savings. Mum & dad own their own bungalow, and dad still lives there today. They told my brother and I that mums state pension would be taken by DD every month to contribute towards care home fees, but that mum would be left with around £25 per week for her personal use (hairdressing and chiropractor at the home). We were told my dad's state pension, AA & work pension would not be touched to pay for mums care fees. Fast forward TO early April 2024. As my dad's carer, I had a call from City Council debt collection team, telling me that the direct debit from mum and dad's joint bank account for care fees had be declined. I have POA and after a difficult process managed to get x3 months back bank statements. the debt team, told me that the monthly fee taken by DD from mum and dad's bank account is around £888. My mum only has her state pension of around £400 per month. Double what mum's income is. They have therefore been taking mums £400 SP and the other £400 from my dad's income made up from SP, AA and Work Pension. I e mailed immediately and asked why they are taking my dad's money. Within 5 minutes of sending the e mail, I had a call. The officer said, they assumed mum was in receipt of Pension Credit of £200 per week and that was included with the original financial assessment. The bank statements I included with my original e mail verifies that my mum does not, and has never had Pension Credit. They advised me to apply online for it for my mum and ask for it to be backdated to August of 2022. This, I did immediately. A phone call from Pension Credit two days later said the most that would be backdated is x3 months not 2 years. How do i get my dad's money back??? This is an appalling situation leavi g my father through no fault of his own, in very dire straits. The council have taken his money when they had no right to do so.
Hi @Allyjhilier
Just my thoughts:
Does your dad have mental capacity?
If yes:
a) I suggest he opens a new bank account in his own sole name. It doesn't matter if it is with the same bank as the joint account
b) then he contact his pension provider - the Dept for Work & Pensions for old age pension - and completes whatever form is required so that all future pension payments are paid by them into his new sole name account.
If he receives any other pension/s then he should do the same with that/those pension provider/s
This at least will stop the ASS taking his money in the future
b) check whether he's entitled to receive pension credit and if s make claim asap
c) change any of your dad's outgoings by standing order or direct debit to the new account - for example he should be paying council tax (less 25% sole occupancy credit - if he lives alone, water services, gas, electricity, telephone, computer, etc etc) You are, thus, separating mum's and dad's income and outgoings. One adult is not obliged to pay the outgoings of another adult, even if a spouse.
d) if you haven't already, yes claim pension credit for mum and as much back pay as you can.
e) in case, in the future your dad loses mental capacity get him to execute a LPoA Finance & Property in your name or whoever else he wishes to appoint. You didn't say whether you have sibling/s
f) you need to check with H M Land Registry to see how your mum and dad own the house. If owned in both names, this can either be (i) as "joint tenants" (nothing to do with a tenancy, just legal jargon)- which means they each own all of it, and on the death of one of them the house will pass automatically to the survivor or (ii) as "tenants in common" (nothing to do with a tenancy, just legal jargon) - which means they each own their respective halves of the house separately - which means on the death of your mum her share will pass in accordance with her Will, if she made one.
If they own it as joint tenants your dad should consider whether he'd like to change it tenants in common, which can be done by a "letter of severance" given by one of the owners to the other, and registered at H M Land Registry. You dad should also consider making a new Will so that if he dies before your mum he could if he wished leave his share of the house to you or all his children equally whatever he decides he wants.
A local solicitor can make a search at the Land Registry to find out about how the property is currently owned, and advise on the other stuff (like letter of severance, Wills, LPoAs, etc although an LPoA form can be obtained online).

The one bit of advice you really want, I can't help you with - that is whether your dad can get back the ASS have taken from his to contribute to your mum's care home fees. I suggest for this, if another forum member cannot assist, you speak with a solicitor who is a member of the "Solicitors for the Elderly" or "Lifetime Solicitors" group as they specialise in matters relating to the elderly including care home fees and the like. Obviously, if you contact one, the first thing to ask is about their charges and method of charging (is it a free first interview, or a fixed fee or an hourly charge, etc) so you know/your dad knows where he stands and whether to go ahead with them. Online they are sfe.legal

Hope that may help. Sorry post is so long
 

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