Contracts & 12 week disregard.

[CrestFallen]

When your in the 12 weeks disregard of the property your asked to pay a small amount of mums pension to make up the councils payments. In mums case its £33 for 12 weeks
Should this be paid to the council or the care home? Council say pay them the home say pay them. Does anyone know..?

Also the care home are pressuring me to sign the contract again. Firstly I don't think I should be signing it because mums going be funded in part and eventually fully funded by the LA. So I'm sure the contracts between them. But also I'm not sure I can sign anyway without a POA. They keep saying I can I'm next of kin but that means nothing in legal terms does it I'm sure you have to have a poa or cop can anyone clarify please..?

 

[Bunpoots]

My dad's on the 12 week disregard at the moment and the only contract I have signed has been with the local authority. The Carehome haven't asked me to sign anything. Dad's not had his financial assessment done yet so I don't know if I'll be asked to sign anything then.

I'd be disinclined to sign anything from the Carehome too unless dad is assessed as self funding after the 12 weeks. I too think the contract is between you and the council. I'm not certain though. Sorry!

 

[Louise7]

Local authorities do things differently, so do care homes, so it's difficult to give you a definitive answer.

In Mum's case I received a letter from the council finance unit informing me of how much Mum has to contribute, confirming that a deferred payment has been agreed, and stating that the invoices will come directly from the home. Mum's contribution has to be paid but I'm not paying anybody anything until I receive an invoice. If it comes form the home I will pay them and if it comes from the council I will pay them, and will have an audit trail to show how much has been paid, when and who to. I don't see how you can pay anyone until you receive an invoice?

With regards the care home contract, the local authority advised me not to sign it as they have agreed to a deferred payment so the home contract is with them, not Mum/me. You say that your Mum will 'eventually be fully funded by the council'. Have they now confirmed (in writing) that they will give you a deferred payment? If so, inform the care home of this and don't sign the contract.

With regards to needing to be a POA or COP to sign the care home contract, I don't think there is any legal requirement for this - you will need to look at the wording of the contract. Mum's care home contract has various signing options. The resident can sign, or if the resident lacks capacity a 'sponsor' can sign in their best interests, (providing that there has been a best interests decision meeting), or someone with lasting power of attorney can sign. The contract refers to an application to appoint a COP deputy taking approx. 6 months, and in such a case 'sponsors' can sign the contract. As previously advised by myself and others here, don't sign the contract until the financial position has been finalised.

It's not good that the care home are pressurising you to sign the contract if the deferred payment has not yet been agreed. Mum's care home have been fine. They sent me the contract months ago but haven't chased it up. It seems odd that the care home wouldn't be used to this sort of situation as your Mum can't be the only resident who has been in this position.

As mentioned before, I would explain to the care home that the council have not yet finalised the financial assessment and you can not sign anything until then. In my case, when the care home manager asked what was happening regarding payment I simply sent an email to the financial assessment unit, copying in Mum's social worker and the home manager, advising that the home had been asking about the finances. That way I had an audit trail and the home manager and the financial unit got on with discussing the finances themselves without any involvement from me. The situation was stressful enough without getting involved in discussions about who was going to pay what so I stepped back and left it to them to sort out. I can only suggest (again) that you do the same.

 

[CrestFallen]

Thank you for that lengthy explanation @Louise7 . The care home are pressuring me because the financial assessment is not ready and they would like some payment. Which I understand totally but with everything else going on I don't think its fair of them. I'm told one thing and another by all parties involved. I'm going ring the council shortly and speak to some one in finances and ask them should I be paying the care home or the council this £35.15 a week which the care home want in a lump sum of £325. Has for the contract I'm not signing anything for reasons uve stated as well as I don't think either its between me and the carehome. My social worker says she will be LA funded as the only capital is in the house and there's no savings. X

 

[jenniferpa]

I don't want to be all doom and gloom, but I'm quite surprised by this.

When your in the 12 weeks disregard of the property your asked to pay a small amount of mums pension to make up the councils payments. In mums case its £33 for 12 weeks

Because the standard is that during the disregard period you pay what you would pay should you have no assets at all. In other words, most of your pension(s). So I'd be very cautious about what this payment is and if it is in fact accurate. Maybe your LA is considerably more generous than they have to be be but I'd be surprised.

And no, I'd not be signing anything with the care home under the circumstances you describe.

 

[Jessbow]

. My social worker says she will be LA funded as the only capital is in the house and there's no savings. X

I wouldnt take that as correct either. Her capital IS in the house, but until such a time as a decision has been reached as to a disregard of the property, That is her Asset and may yet have to be realise ( Sold)

If you are lucky enough to get it disregarded, she will still have to contribute by means of her pension. ( I thinks its about £25 per week she gets to keep)

 

[CrestFallen]

Hi @jenniferpa , sorry I'm not following what your meaning? I've rang the LA this morning the financial woman who delt with the means test.
I asked if the £33.15 a week should go to the care home or the council. Along with my top up of £20 and she told me pay it to the carehome. She also told me mum is self funding under deffered payment scheme now. I thought she was LA funded..To be honest I'm rubbish at all this I just stress all the time because everyone tells me different. The financial assessment has not been completed and the carehome want some money. Mums and my contribution is for 12 weeks and come week 13 it rises to meet the cost of the care home by which time yes most of the pension will be taken leaving only her personal payment £24.00 an our home will be sold or in defferd payments. By then tho I'd of turned everything over to the local authority , I can't go on like this. Not sleeping eating confused all the time. Its consuming me totally and I've had enough. I've enquired about giving everything up and over to them. I shall probably do this as soon as I get my new social worker as my current one tells me anything. Found out this week he is only an hospital social worker I'm being assigned a community one. I don't understand how this as been so much trouble from the start but its not going end and to be honest I'm probably making matters worse thru being ignorant of how this all works..

 

[Daffy123]

Why don't you just go to the CAB, as it all sounds very muddled? Tell them that you don't fully understand what is going on and that it's all rather muddled. There's a good chance the CAB will chase things up and aid your situation greatly.

 

[AD123]

When we were in the 12 week disregard I received an invoice from the LA and paid that. Under the deferred payments scheme, I still received an invoice from the LA and paid that. I only started paying the care home when the house was sold. Also it took more than 12 weeks to get the deferred payments in place and when the care home chased for payments I just referred them back to the LA.

 

[CrestFallen]

I've tried CAB was on the phone ages a few times never got thru and gave up. I'm always at work ringing round so its difficult. To be honest I'm that confused now I'm not sure where even start with all of this to begin explaining. I'm going ring the council tax people tomorrow tell them about change of circumstances and I'll try CAB again.
I just know the council tax are going be straight on my case but when your trying sort everything else out as well its easy to keep putting things off. Thanks for your thoughts folks I'll try tomorrow.