1. Quick72

    Quick72 Registered User

    Nov 2, 2015
    My mother was admitted to Hospital on the 11th October due to extremely challenging and difficult to manage behavior linked to Dementia, subsequently CT scans have resulted in a diagnosis of Alzheimer's and the doctors and occupational therapists have concluded that full-time residential care in a managed environment is the only option going forward that can ensure her safety and quality of life.

    We have a forthcoming meeting at to assess her care needs and her ability to contribute towards care costs, My brother has lived in the property with our mother since 1966 and will be 60 years old in less than three years time.

    Also important to note is that I have effectively been our mother's full time carer since late 2012 when she was hit by a car resulting in broken ribs, a fractured cheekbone and memory loss, she was airlifted to the Royal Free Hospital in Whitechapel and has been effectively housebound ever since, wherein another brother took over her shopping duties and I stayed in the home on a daily basis to ensure her safety and enable my two brother's to be able to continue working. She sustained a serious leg wound in her bedroom in March 2014, which then became infected in November 2014 resulting in a 12 week stay in our local Hospital where the difficulties in managing her behavior led the team there to strongly urge us to consider a care placement, we decided against this due to our concerns regarding the treatment of property for care patients. Between February and Oct 2015 we have endured an extremely stressful time due to the cognitive decline and agitated state of mind of our Mother.

    Our concerns regarding the property disregard is motivated by practical considerations rather than the notion of ring fencing assets, for example 6 years in a care home in the London area with Dementia nursing factored in could come to approximately £300K effectively wiping out the value of our home and leaving my brother and myself with nowhere to live, he is a low paid worker and I have been unemployed and without an income since 2012, I have also lived at the property all my life apart from 2002 to 2012 and we have no other properties or addresses in our name, neither have I been able to apply for Carer's or Attendance allowance as this would require some cooperation from our Mother who would be unable to comply or understand what this was.

    Is it also possible that her home will no longer be taken into account once my brother turns 60 in 2018? This would make a marked difference and we'd be able to negotiate the sale of the house and cover the 2015-2018 fees, a much less daunting situation.
  2. balloo

    balloo Registered User

    Sep 21, 2013
    #2 balloo, Nov 2, 2015
    Last edited: Nov 2, 2015
    attendance allowance would be possible if you got POA
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    Hi Quick, welcome to TP
    You might not qualify as a mandatory disregard but you may have a strong argument for a discretionary one, see page 416 of the 2014 care act:
    •• Was the relative occupying another property as their main or only home at the time of the previous financial assessment?
    •• Could the relative have reasonably expected to have the property taken into account at the time they moved into the property?
    •• Would failure to disregard the property result in the eligible relative becoming homeless?
    •• Would failure to disregard the property negatively impact on the eligible relatives own health and wellbeing?
    It's a dull read but I would think you have a strong case, the council may want to dispute this as it'll cost them but challenge them and they may well back down or you (worse case) may have to go to law.
  4. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    #4 Shedrech, Nov 2, 2015
    Last edited: Nov 2, 2015
    Welcome to TP Quick72
    You have had a tough time caring for your mother - you all deserve much support, and hopefully the care home placement will benefit you all.
    It may be that the meeting will give you the chance to ask these questions and put your mind at rest - I hope so.
    I don't feel I have enough knowledge to even attempt to offer answers - but know that there are members who have similar experience and I'm sure some will offer some thoughts. (Great Kevini has beaten me to it)
    I did have a look at the AA form I filled in for my dad, as it seems harsh that you couldn't claim for your mother somehow. It can be filled in by someone other than the claimer - I wonder if the part I've put in bold might apply? It would be worth contacting them to discuss it - whenever I've spoken to them, they've been very helpful.
    Best wishes

    Signing the form for someone else
    You can fill in this form for another adult, but they must still sign it themselves
    unless one or more of the following apply. Please tick all the relevant boxes.
    • I hold a power of attorney to receive and deal with their benefits from
    social security, or
    • I act as a deputy for them, appointed by the Court of Protection, or
    • (In Scotland) I am a judicial factor, guardian, tutor or curator bonis appointed
    under Scottish law.
    Send us the relevant document (or certified copy) with this claim form and
    sign the declaration on their behalf. Copies must be certified and signed as
    being true and complete by the the person this form is about, a solicitor or a
    • I am an Appointee, appointed by the Department for Work and Pensions (DWP),
    to receive and deal with their benefits and their letters from social security.
    We will send all letters about Attendance Allowance to you.
    They cannot manage their affairs due to a mental health
    problem or
    learning disability.
    We will contact you about this. If the customer cannot manage their affairs,
    the DWP may appoint you to get their benefits and to deal with letters from
    social security.
    • They are so ill or disabled they find it impossible to sign for themselves.
    We will contact you about this.
    • I am claiming for them under the special rules.
    i You must read the notes about special rules on page 8 of the notes.
    Then decide if you should tick this box.
    If the person does not know you are signing this form for them, tell us why.
  5. Quick72

    Quick72 Registered User

    Nov 2, 2015
    thanks for your responses, newbie here, just joined today
  6. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    #6 Kevinl, Nov 3, 2015
    Last edited: Nov 3, 2015
    Quick could apply for Carers Allowance for herself (and possibly her uncle too if he cares for more than 35 hours a week and earns under £110 after tax a week) but only if her mum gets either:
    Disability Living Allowance (DLA) - middle or highest care rate
    Attendance Allowance (AA)
    Constant Attendance Allowance (CAA)
    Armed Forces Independence Payment (AFIP)
    AA as I understand it would have to be in place before she goes into a care home then if the LA was funding care would stop after 4 weeks, self funding (which I don't think is the case here) but if it is the AA would continue to be paid.
  7. fizzie

    fizzie Registered User

    Jul 20, 2011
    Hi there, welcome to TP. As well as the meeting where you will be able to ask questions (i strongly advise you to take notes and ask for the meeting to minuted (preferably by audio). I would also advise you to get some legal advice - possibly via a citizens advice legal department or a half an hour free advice if they still do those. CAB is probably a good option. I believe that your situation is quite complex and you may find that some legal advice makes all the difference especially as it looks as though it may well be a discretionary disregard you may need help fighting your corner (you will have a better idea after the meeting). You could have claimed both AA and carers allowance on behalf of your Mother and you could also have had a carers assessment which would have given you some respite but I don't believe that any of these are retrospective so it is better not to worry about that now and to look forward and see what you can do to protect yourselves from homelessness. Keep posting and good luck

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