LA no longer disregarding property

pete337

Registered User
Mar 29, 2013
5
0
My brother has always lived with my mum and he was her carer until she had to go into hospital and then a care home due to dementia. Her pension covered the care home cost as the LA made up the rest but a few days ago he was told by an assessor that they will no longer pay as they say they shouldn't have disregarded her house as an asset. I'm worried he'll lose his home when mum dies and they take the fees from her estate. He's under 60.
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
Hi and welcome to Talking Point.

Unfortunately, as you have found out, a home that is occupied by a family member under the age of 60 who isn't disabled can be considered when it comes to paying for care. Any agreement to disregard in this situation is discretionary. However, if your brother was told by the LA that the home would be disregarded but now will not be, you may be able to make a complaint. How long has your mother been in a care home? If it's only been a matter of weeks then I don't think you'll have much luck but if it has been months or years you may be able to make a case that they can't keep changing their minds.
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Hiya Peter,

When you say that your brother has always lived with your mum, do you mean from birth or did he move back home to care for your mum, if so how long ago? Does he work? Has he contributed to the household over the years? Depending on the circumstances and how uh evidence you can provide, then I would certainly consider challenging their change of heart.

Fiona
 

DozyDoris

Registered User
Jan 27, 2009
395
0
Suffolk
I would say that they could issue a lean against the property that would only come into effect when the son died or moved out or wanted to sell the property. I do not believe they would be able to make him homeless to claim back any fees.
 

pete337

Registered User
Mar 29, 2013
5
0
change in fees

Thanks for your kind replies Folks.
@Jennifer - she's been in the home for nearly 2 years. If she went back to her house again it would cost the LA a fortune because they would have to provide 24 hour care and adapt the property as she can't do anything in the care home without 2 carers to move her into a wheelchair. She's almost completely unaware of anything going on round about her due to her advanced dementia.
Brother has lived with her in the house since the sixties and has always made a substantial contribution covering household budget and repairs.
He's looking for documents from years back that show he was disabled in a car accident but has never claimed any benefits as he preferred to work - latterly a carer's allowance when he had to give up work to look after her.
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Hiya Peter,

Given your brother's situation, I would certainly fight this. Can I suggest that you speak to your Citizen's Advice Bureau as they have lawyers there that can help with drafting letters and quoting the appropriate legislation.

In the meantime, continue to collect the evidence including that your brother has paid for the upkeep of the property since your mum went in to care. Other good evidence to get your hands on is the electoral role and census information and also get the bank to write a letter confirming that your brother's bank account has been registered at your mum's address for xxxx years.

Also consider contacting your MP for them to intervene, highlighting that the Prime Minister said no one who has cared for someone at home would be made homeless as a result of this!

Hope this helps and I wish you and your brother luck. If you need more information then just give us a shout.

Fiona
 

pete337

Registered User
Mar 29, 2013
5
0
Thanks Fiona, he's going to see a solicitor and I've told him to go to his MP and the social worker.
 

pete337

Registered User
Mar 29, 2013
5
0
Property

Hi Folks,

Good news! My brother sent an appeal letter to the local authority and they've agreed to disregard the property. He found medical documents detailing his injuries from a car accident that supported his claim on the grounds of disability. PHEW!
 

johnpaul83

Registered User
Jan 29, 2015
2
0
derbyshire
in the same boat.

Hi and welcome to Talking Point.

Unfortunately, as you have found out, a home that is occupied by a family member under the age of 60 who isn't disabled can be considered when it comes to paying for care. Any agreement to disregard in this situation is discretionary. However, if your brother was told by the LA that the home would be disregarded but now will not be, you may be able to make a complaint. How long has your mother been in a care home? If it's only been a matter of weeks then I don't think you'll have much luck but if it has been months or years you may be able to make a case that they can't keep changing their minds.


any one give me advice i have been a full time carer for my mother from around 2005 / 2006 and also i gave care to my father for many, many years till he passed away in in april 2002,...

i have lived at the property all my life and i have had no change of address,..
recently my mums health ben very poor, and she has milld onset dementia, so me and my sisters are looking at care homes,.. my concern is that at some point in the future i may be made homeless if the LA dont give me a disregard on my mums property,..
can any one shed any light on the best way forward, cant afford a solicitor etc
many thanks john paul
 
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Tucky

Registered User
Apr 9, 2015
3
0
Cheshire
Be very careful as disregard not always stuck too. The Council will try not to disregard if at all possible.They are very unfair so you will need your wits about you.
Contact C.A.B. or write to M.P.