Third Party Top Up/Deferred Fees

Nicola H

Registered User
Aug 19, 2015
6
0
Can anyone help? I am going around in circles with the Local Authority. No one will give me a straight answer and no one seems to know what they are doing. My Mum is in full time residential care and has now run of money. They tell me she is self funding because she owns her house. They say she can have a deferred fee charge put on it but they want me to pay a third party top up of £300 per week. Can they do both? The legislation says that they can ask for a top up unless there is a deferred fee agreement in place. They have told me that they will move her if I don't pay it. I certainly haven't got £300 per week.
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
Hi Nicola H
what a concern!
I don't know the answer, but I think I know some people who might - maybe call the AS helpline and have a chat with one of the knowledgeable folk there
0300 222 1122 or by email at helpline@alzheimers.org.uk.
The helpline is usually open from 9am to 5pm Monday to Friday, and from 10am - 4pm at weekends

best wishes
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
The legislation says that they can ask for a top up unless there is a deferred fee agreement in place.

I'm not sure that that's the case. There is a limit to how much you can defer - the more expensive the care home the sooner the equity in the property will be taken up and the sooner your mum will become funded by the Local Authority. That's why they're asking you to pay the top up.

This was covered in the Q&A yesterday which you can have a read of here http://forum.alzheimers.org.uk/show...or-residential-care-Wed-5-October-3-30-4-30pm

The helpline that Shedrech has referred you to can offer expert advice on financial matters.
 

Pete R

Registered User
Jul 26, 2014
2,036
0
Staffs
Can anyone help? I am going around in circles with the Local Authority. No one will give me a straight answer and no one seems to know what they are doing. My Mum is in full time residential care and has now run of money. They tell me she is self funding because she owns her house. They say she can have a deferred fee charge put on it but they want me to pay a third party top up of £300 per week. Can they do both? The legislation says that they can ask for a top up unless there is a deferred fee agreement in place. They have told me that they will move her if I don't pay it. I certainly haven't got £300 per week.
If your Mum has savings less than £23,250 then the LA are obliged to offer a Deferred Payment Agreement. It is up to them and your Mum/or you as PoA to agree on how much is deferred. The LA though will look at the big picture and decide how long the equity is likely to last. If the LA have decided on that amount then yes a top up will have to be paid. If you refuse the LA can withdraw their offer of a DPA.

The LA cannot force you to pay a top up nor force your Mum to move but if no one pays the difference then I am sure the Care Home will probably also want your Mum to move.

Even if your Mum did not have the house the LA would have to give you details of at least one CH that can meet your Mum's needs that they are willing to fund. If you do not like their choice and want your Mum to stay where she is then you would again be asked to pay the top up.

Is there a reason why the house has not been sold already?
 

Nicola H

Registered User
Aug 19, 2015
6
0
If your Mum has savings less than £23,250 then the LA are obliged to offer a Deferred Payment Agreement. It is up to them and your Mum/or you as PoA to agree on how much is deferred. The LA though will look at the big picture and decide how long the equity is likely to last. If the LA have decided on that amount then yes a top up will have to be paid. If you refuse the LA can withdraw their offer of a DPA.

The LA cannot force you to pay a top up nor force your Mum to move but if no one pays the difference then I am sure the Care Home will probably also want your Mum to move.

Even if your Mum did not have the house the LA would have to give you details of at least one CH that can meet your Mum's needs that they are willing to fund. If you do not like their choice and want your Mum to stay where she is then you would again be asked to pay the top up.

Is there a reason why the house has not been sold already?

I just don't want to lose the house. I want to pay the charge off when the time comes. There is no one living in it that satisfies the criteria for it not being taken into account though, just to be clear.
 

Pete R

Registered User
Jul 26, 2014
2,036
0
Staffs
I just don't want to lose the house. I want to pay the charge off when the time comes. There is no one living in it that satisfies the criteria for it not being taken into account though, just to be clear.
Then if you do not wish to sell house you will have to find another way of funding your Mum's care. Unfortunately those are the rules.:(
 

love.dad.but..

Registered User
Jan 16, 2014
4,962
0
Kent
I also didn't want to sell dad's house to fund his care mainly for sentimental reasons as that is where mum died suddenly 3 years ago and they had lived there a long time rather than any inheritance reasons but I look at it this way....it was dad's house/dad's money from sale for his needs not mine...no maybe not fair but I don't begrudge anyone who has their care paid for. As PeteR says they are the rules of the current system in place.
 

Nicola H

Registered User
Aug 19, 2015
6
0
It is for sentimental reasons. My Dad's life was there, my Mum's life was there and my childhood. I am not bothered what the cost is, but if they are getting all of the money back with interest I don't understand why a third party has to pay a top up if she is self funding. A public law solicitor has told me that they can't do both - that's what's confusing me.
 

Pete R

Registered User
Jul 26, 2014
2,036
0
Staffs
It is for sentimental reasons. My Dad's life was there, my Mum's life was there and my childhood. I am not bothered what the cost is, but if they are getting all of the money back with interest I don't understand why a third party has to pay a top up if she is self funding. A public law solicitor has told me that they can't do both - that's what's confusing me.
Unfortunately the LA can do both.

To try and help would you mind giving a few details?
Value of property, cost of CH/week, amount LA will fund and sorry to ask but life expectancy of your Mum.

Thanks:)
 

sleepless

Registered User
Feb 19, 2010
3,223
0
The Sweet North
I know it can be hard to see a family home sold in this way, especially when your parent is still living. We went through the same emotions, as my parents had lived in their house for 55 years and brought us all up there.
But we had to put the house on the market when dad went into care, with a DPA, and in the time it took to sell we found we had gradually 'let go' and realised that it was a nice house and could now be a family home again for others to create memories in.
The proceeds, once the DPA was settled, paid for dad's care for a while, and now he is partly funded by the LA.
I often wish of course that my dad could have lived out his final years in his own home, by his fireside, with all his things around him. But that is the main regret now, not the loss of the bricks and mortar.
And it was dementia that prevented it.
 

Chemmy

Registered User
Nov 7, 2011
7,589
0
Yorkshire
Is anyone living in the house now?

Unless a member of the family intends to move in at some point, won't it be sold eventually anyway?
 

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