Direct Payments -Community Services

[Row]

Hi All
I am new to this forum but wanted to post to ask for advice. My elderly mother had a stoke 7 years ago resulting in L sided weakness, is in a wheelchair and in late stages of Dementia. She lives with my sister giving up her flat as she could no longer manage in her own home. For the past 2 years my brother has been paying for live-in carers to look after my mum 24 hours a day. Care arrangements broke down a couple of months ago and we approached the local authority for help. They eventually assessed my mother as in need of services (did not conduct a financial assessment) and provided 4 calls to her a day. The service was not great so they suggested direct payments which they agreed to organise. My mother has no savings just a small property which has now been empty for over 2 years so no income from it but has to pay out for high service charges. The Local authority has now come back to say despite them assessing mum for services she can not have direct payments as she has a property so must pay for her care in full. My mother now also pays council tax as she is living in my sisters home (not through choice)and is classed as having 2 homes!!.
Please can someone advise if the LA can take a property into consideration when making an assessment for community services? I had understood they would only take a property into account for residential care which we do not want for our mum. Any advice would be greatly appreciated.
Row

 

[Jessbow]

Unless you live in Scotland, where its free, anyone with assests over £24 k pays for care , be it residential or homecare.

Unfair isn't it? But that's the way it is

 

[PeggySmith]

Your mum should be exempt for council tax on the grounds that she has severe mental health issues but I'm not sure how it applies to her empty property.

There are one or two other benefits that might apply. She will certainly qualify for Attendance Allowance - the lower rate is about £50 per week and, if she needs help at night, the higher rate is about £70. Your sister might qualify for carer's allowance.

Does anyone have Power of Attorney so her flat can be sold?

 

[fr0d0]

If your mum rented out her property would that cover her care costs? Just thinking she could protect her assets.

And get power of attorney sorted while she is still able.

 

[Long Tom]

are we sure that's right?

I may be a little out of touch on this, but I have never heard of a house being seen as available to spend on care. It's not. From where exactly did they say you could get cash? Did the LA have a problem as it was sitting empty? Did they say they won't pay because you HAVE TO raise some cash from it? And I'm afraid, if your mum has lost capacity to sign a PoA then no-one has the right to sell or rent out her home, so the LA should be told this (and, I would hope, pay up in the meantime). Hve you appealed? Get a copy of the LA's charging policy off their website. Do you want to tell us which LA? I'm curious to look at their rules. Don't seem right.
Cheers
LT

 

[jenniferpa]

I think that when a person no longer lives in their home, as is the situation here, then that home becomes available to pay for care. It's going to come down to where they are ordinarily resident. And after 2 years, I'm sure that this property would be considered to be available to pay for care.

As a moderator, I should point out that on the whole the rules that the forum operate on mean that it's probably not a good idea to directly request the name of a specific LA. This sort of information can be a little too specific. If the OP wants to PM their LA name that would be fine.

 

[Jessbow]

I just looked at it as invested money. if you have money be it in the bank, or in an unused property, it can be used to pay for your care.

If it cant, then I am going to use mums funds to buy a small bungalow to protect her money, reduce her assests a bit.