Demand for payment from Care Home even though in hospital and not going back there

[Elizabeth Jane]

My 59 year old brother is very poorly, not able to walk, talk, feed himself or carry out any personal care. He has been in a Care Home for the last couple of years. 6 weeks ago while they were using a hoist to move him in the shower they dropped him and he ended up in hospital with a broken hip. As his health has deteriorated he will not be returning to the same Home. He is still in hospital at the moment but they are trying to find him a place in a more suitable Nursing Home The Home he was in has asked my sister in law to pay for his room saying she should have given them two weeks notice that he was leaving! She has paid them up to the end of this month. My question is what happens to his ESA while he is in hospital (why he is on this I have no idea). I have advised my sister in law not to pay the Home anymore money as I'm worried that she will have to repay it to the DWP. Does anyone know how the system works?

We have also been invited to attend a meeting at the Home to discuss his accident as there are discrepancies in the individual reports from the people involved. Has anyone got any advice on the questions we should be asking - obviously we are not happy that he was allowed to fall!

 

[Sue J]

Are they mad Your poor brother gets a broken hip because they dropped him and they are asking for payment of fees because he's in hospital???

The very least they could do is wait til you attend the meeting before they ask They wouldn't get a penny from me. Your poor brother, I hope you find a home where he is comfortable and looked after properly.

Best wishes
Sue

 

[Elizabeth Jane]

Are they mad Your poor brother gets a broken hip because they dropped him and they are asking for payment of fees because he's in hospital???

The very least they could do is wait til you attend the meeting before they ask They wouldn't get a penny from me. Your poor brother, I hope you find a home where he is comfortable and looked after properly.

Best wishes
Sue

Thanks Sue, I know it is crazy, but I'm sure the DWP will have a view too. It's hard enough for everyone without this aggravation too :-(

 

[Pickles53]

Appalled that there has been any demand for payment from the care home in these circumstances. It's no excuse, but the admin/finance team were completely separate to the actual care home my mum was in and communication between them was not always perfect. If it's the same for your brother's home, the admin team may simply have been informed that a resident had left and would not be returning, so just sent out the standard letter. I would write politely to set out the reasons why you will not be making any further payment. If possible refer to the original contract or agreement with the home, but if that doesn't support your position I would say that you are awaiting the outcome of the meeting/investigation.

I guess until the incident has been properly investigated you can't know if there was any actual negligence, but I would have a good look at the service user agreement or other terms and conditions before the meeting as you may wish to make a complaint/claim for compensation once you know what happened.

Re the ESA... do you know if anyone notified DWP when he moved into the care home? I'm not an expert but generally with benefits you have to notify DWP of any change of circumstances so that payments can be adjusted or stopped if appropriate. You don't say if your brother is self-funding, which can also affect which benefits he would be eligible for.

 

[Elizabeth Jane]

Appalled that there has been any demand for payment from the care home in these circumstances. It's no excuse, but the admin/finance team were completely separate to the actual care home my mum was in and communication between them was not always perfect. If it's the same for your brother's home, the admin team may simply have been informed that a resident had left and would not be returning, so just sent out the standard letter. I would write politely to set out the reasons why you will not be making any further payment. If possible refer to the original contract or agreement with the home, but if that doesn't support your position I would say that you are awaiting the outcome of the meeting/investigation.

I guess until the incident has been properly investigated you can't know if there was any actual negligence, but I would have a good look at the service user agreement or other terms and conditions before the meeting as you may wish to make a complaint/claim for compensation once you know what happened.

Re the ESA... do you know if anyone notified DWP when he moved into the care home? I'm not an expert but generally with benefits you have to notify DWP of any change of circumstances so that payments can be adjusted or stopped if appropriate. You don't say if your brother is self-funding, which can also affect which benefits he would be eligible for.

Thanks for taking the time to reply. I believe that my sister in law has now informed the DWP that he is in hospital - he isn't self funding as far as I am aware.