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Additional payment for care home fees

Exning

Registered User
Aug 26, 2018
37
I have been having a long running dispute over the way the contract for a care home placement in England from Scotland has been arranged.
I was always under the impression that the arrangements were being made by Highland NHS and that I would be paying the contribution from my MILs assets to them. The reality was they just paid the Scottish personal care payment and left me arranging the rest myself. I took the matter to the Scottish Ombudsman.
The upshot is that I have got confirmation that I should have been given a choice as to how the arrangements were carried out.
You might say so what. Well the difference in price is substantial.
By being forced to go down the self arranging role the total fees were about £900 per week.
Now the arranging is via the local authority the price falls to £730...
The amount is made up of the Local Authority rate plus an additional payment.
The question is can I as the individuals power of Attorney pay the additional sum or must it be made by a third party.
If it can't be paid... Why not. I can see guidance that says it shouldn't but nothing in the legislation...
Tried to get advice but no one seems to know as situation a bit odd...
 

Jessbow

Registered User
Mar 1, 2013
2,990
West Hertfordshire
i have no idea at all about the differences in the England/ Scotland system.

I do know that if a top up is needed in the England system, it must be paid by a third party, NOT from PWD 's own funds.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
8,808
Yorkshire
hi @Exning
maybe Alzheimer's Scotland can help

I agree that for England top-up is paid by a third party .... so you yourself, or family or friends, could pay, the person cannot ... that means the Attorney can pay from their own finances but cannot pay as Attorney using the donor's funds, as that is the same as the donor themselves paying
 

Exning

Registered User
Aug 26, 2018
37
Does anyone know where the restriction is set out.
I have trawled and can't find the actual legal restriction.
 

Exning

Registered User
Aug 26, 2018
37
The saga I have been going through has come to a conclusion and I have had it confirmed that I should have been able to get the Scottish Authority to pay and then for me to pay the authority from my MIL's monies.
You may say so what....
Well as a private funder I am paying fees of about 925 week. As a local authority funding contract the fees go down to £595 plus a top up of £125.
Now if I can't use my MIL's money to pay the £125 will be forced to pay the higher amount.
My duty as a Attorney says to me I should try to minimise expenditure. So seems perverse that I can't.
Or should I pay and then simply recoup the money on the justification of saving her £200 a week?
We all know private funders subsidise the low payments by Local Authorities. Surely I have a duty to minimise payment if I can....
 

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