care home funding

[Donald31]

Hi,
My Mother has suffered from Vascular dementia for nearly 10 years. For the last three years she has been in a care home that has been funded by CHC.
In November 2018 she was assessed by a Commissioning Support unit for my local area. We was notified in January of this year that she had lost the CHC funding. I am appealing their decision. The appeal process takes some months. While all this is going on her care still needs to be paid for.
Her room and care costs just over a £1000 per week.
She will receive £595 from social services and £165.56 Full Nursing Care payments, towards this cost leaving a shortfall of £267 per week. Social services expect the family to pay this. Social services also want to take her state pension off her as well as a small (£50 a month) spouses pension towards their costs.

My questions are:
if someone is sectioned under the Mental Health Act and placed in a care home do they have to pay for their care?
What law says that the local authority can take not only a state pension but also their private spouses pensions towards care costs?
Can the individual pay the shortfall themselves out of their state pension, without having to handover their pension to the local authority?

Having spoken to social services, read numerous guide books and spoken to C.A.B, I am yet to have a definitive answer.
Any guidance and advice would be greatly appreciated.

 

[karaokePete]

Hello @Donald31 and welcome to the forum.

As you have exhausted all the leaflets etc., I won't fire more at you. However, as you have specific questions, may I suggest that it may help to talk to the experts on the help line, details as follows
National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

Live on-line advice is also available in the UK and you can see the details of that if you follow this link https://www.alzheimers.org.uk/get-support/national-dementia-helpline/live-online-advice

Now that you have found us I hope you will keep posting as the membership has vast collective knowledge and experience.

 

[canary]

if someone is sectioned under the Mental Health Act and placed in a care home do they have to pay for their care?

It depends whether they were detained under a section2 or a section 3 you only get continuing care payment if it was under a section 3.

What law says that the local authority can take not only a state pension but also their private spouses pensions towards care costs?

This is how it works - all benefits, income and pensions are paid to the LA and then the LA pays the rest up to their maximum combined level. There should be about £25 left for personal expenses.

Can the individual pay the shortfall themselves out of their state pension, without having to handover their pension to the local authority?

Unfortunately not. Their pension goes to the local Authority and they are not allowed to pay the shortfall (the so called "top-up" fee) themselves - it has to come from a third party, usually family. The top-up fees are considered voluntary, but in reality, most homes will not accept someone if the top-up fees arnt paid. Some people have negotiated a reduction of the fees with the home, but I dont think this is widespread. Possibly worth a try, though.

I appreciate that this is a huge shortfall. I believe that if your CHC appeal is successful then the fees will be backdated, but I realise that in the meantime there is a problem. Also, if it is not successful there is then very definitely the problem of the top-up fees.

Local Authorities are legally bound to provide at least one car/nursing home that will meet the residents needs and does not require top-up fees. Go back to Social Services and explain that you cannot afford the top-up fees. If you are lucky and manage to argue that it is not in his best interest to move, they may waive the fees, but they may instead make him move to another home which may not be so convenient/nice as his present one. Then, of course, if you win the CHC appeal, you will have moved him.......

I cant advise you on what to do - I dont know how likely you are to win the appeal. Its all a bit of a roulette