How did they do it? Any advice or tips and tricks would be welcome. My brother and I are in our 50s and are not disabled.
Hi twinklestar,
You have to apply for what is called a Discretionary Disregard and I am surprised that whoever conducted the financial assessment did not tell you about the process.
I am applying for one on my Mom's house. I gave up my life and career abroad to come back to the UK to care for her 12 years ago so your case seems somewhat stronger. Mine has been refused and I am now on my second appeal.
The assessor basically submitted a letter I wrote outlining all the circumstances of how long I had lived in the house, the amount of care I had given my Mom and the sacrifices I had made to keep her out of full time care as long as I could. It also stated that I would be effectively made homeless and was unable to return to my previous life. Obviously your circumstances are different but it all needs writing down.
The legal department wrote an horrendous letter back refusing saying I had made a life style choice, that the care I had provided was minimal and I should have anticipated that my Mom would eventually need full time care and therefore should have bought my own house nearby.
The appeal process is the same as any other complaint against the LA and when that is exhausted you then have the option to go to the Local Government Ombudsman. You should contact them for a reference number on your first refusal as they told me the time delays used by the LA are useful in making their decision. It took them 8 months to respond to the last appeal. I am sure they will keep on refusing in the hope I will give in.
I submitted a Freedom of Information request and discovered that over the last 5 years 17 applications had been made to my LA and not one had been allowed.
This has been going on now for over a year and The New Care Act came in last April. In the guidance to the Act.......
https://www.gov.uk/government/uploa.../file/366104/43380_23902777_Care_Act_Book.pdf
Annexe B Sec 42 covers Discretionary Disregard and gives an example of where it could be applied........
"Jayne has the early signs of dementia but wishes to continue living in her own home. She is not assessed as having eligible needs, but would benefit from some occasional support. Her best friend Penny gives up her own home to move in with Jayne. At this point, there is no suggestion that Jayne may need residential care.
After 5 years Jayne’s dementia has reached the point where she needs a far greater level of care and support and following an assessment it is agreed her needs would best be met in a care home. On moving into the care home, the local authority uses its discretion to apply the property disregard as this has now become Penny’s main or only home."
Not exactly your circumstances but way less of a threshold in my opinion.
Whilst the appeal process goes on I am entering into an Deferred Payment Agreement with the LA where they will pay Mom's fees and reclaim the money back on her death or if the property is sold. When
my appeal is successful that can be cancelled and monies refunded. This is well worth asking if it is possible for yourself.
The other important thing to remember is that if you are ultimately unsuccessful and decide to remain in the house and not sell then
The house will be automatically disregarded on your 60th Birthday. (I have 4 years to go).
Let me know if I can help in any way and well done to you both for looking after your parents.
