Can spouse pay top up fees?

[Palazzo]

I am in the process of helping my parents, both in their late 80s, plan for the future now that my father has been diagnosed with dementia. We had a solicitor visit yesterday to revise his and my mother's wills, and he concluded that my father was unable to do so as he lacks capacity, and I believe it's quite probable he will need to go into care sometime soon.

My question is regarding top-up fees once his assets become exhausted. I had been assuming that my mother would be able to use her assets to pay top-ups once his assets fell below the 23K limit and the local authority having to pay a contribution, however the local council's website seems to say that anyone except the spouse can pay those fees.

Is that a legal exclusion, or is the council just trying to make sure that the spouse has maximum assets to pay for their own care if needed later?

 

[MaNaAk]

I am in the process of helping my parents, both in their late 80s, plan for the future now that my father has been diagnosed with dementia. We had a solicitor visit yesterday to revise his and my mother's wills, and he concluded that my father was unable to do so as he lacks capacity, and I believe it's quite probable he will need to go into care sometime soon.

My question is regarding top-up fees once his assets become exhausted. I had been assuming that my mother would be able to use her assets to pay top-ups once his assets fell below the 23K limit and the local authority having to pay a contribution, however the local council's website seems to say that anyone except the spouse can pay those fees.

Is that a legal exclusion, or is the council just trying to make sure that the spouse has maximum assets to pay for their own care if needed later?

Good morning @Palazzo,

I just want to want I hadn't heard of that eventhough I considered paying top-up for dad . I hope someone with experience of this can advice.

MaNaAk

 

[Palazzo]

NB Just extracted the wording from the council's (Slough) website:

"However, you may choose an alternative home, including a more expensive setting. If you choose a more expensive setting, in most cases a third party will need to agree to pay the additional cost ('top-up'). This might be a family member (but not your spouse/partner), a friend, or someone else such as a charity."

My own local authority (Surrey) say:

"If you choose a care home that charges more than the council usually expects to pay, you will have to find somebody to pay a top-up. A top-up is the difference between what the council will pay and the cost of the home you choose. Family or friends can pay it on your behalf or, if we are taking your property into account and you can afford to, you can pay it yourself. The council must be satisfied that the person paying the top-up can afford to continue payments throughout the duration of your stay."

No mention of any restriction on who pays the top-up.

 

[Bunpoots]

Hello @Palazzo welcome to forum.

I’m not aware of this rule but it was my dad who I considered paying a top up fee for. Generally the advice is not to pay a top up as they can be increased well above the rate of inflation and quickly become unaffordable. The LA will have to offer at least one home which can care for your dad which they will fully fund once he can no longer pay for himself.

 

[Dave63]

I believe the information on the Slough website is incorrect. There is no restriction on who can pay a third party top-up other than it can't be paid by the care home resident themselves.

If there's a contact number on the website give them a call and ask for clarification. If they insist it's correct ask to be guided to any guidelines which stipulate this - there are none that I'm aware of.

Just as a heads up, top-ups are purely voluntary and you can't be forced to pay them. If your father was in a care home which is more expensive than what the LA personal budget covers and you didn't want to pay any top-up the LA could then ask he be moved to a cheaper home if that home was able to meet his needs. If a cheaper home was not available then the LA must increase the personal budget to cover the cost of his current home.

 

[nitram]

The LA should check that the spouse can afford the top up.