Discretionary disregard

[DarylH]

Whilst mum was in hospital (dementia and fracture after fall) dad decided they should move to assisted living and rent apartment and rent out their house to pay for it. Mum has not been able to return to living with him and is in a care home. Dad is frail and been in hospital himself (lung and heart and falls). Local authority say mum has to pay full care costs as no one in house but dad needs the rent from it to afford the apartment as mums pensions also has to pay for her care so he now has to cover rent alone. Also the owners of dad’s apartment could ask him to
Leave if they feel it’s not suitable for him so he needs house to be available
It’s complicated but does that mean the local authority can give a discretionary disregard or does dad need to move back into house which he doesn’t want to do

 

[nitram]

From what you have said I can't see any reason why the LA should make a discretionary disregard, the house is simply a investment that can be sold.
Have you considered a deferred payment agreement ?

 

[canary]

A discretionary disregard is intended for when there is close family already living in the house when the owner (or part owner) moves into a care home, but the family do not fit the requirements for mandatory disregard (a spouse, or close family 60yrs or over, or registered disabled). In this case the family can request disregard for themselves, but if they move out the property would again be considered available for care home fees.

I think the only other possibilities are either a deferred payment (as suggested by nitram), or if there is the possibility of family buying out your mums share (although I realise that this is probably not achievable)

 

[Jessbow]

is there anyone actually in the house now ?

has he rented it out? How long has this been ongoing?

 

[DarylH]

Hi thanks for this sadly my frail father feels hell
Have to move back into the house as he can’t afford the rent alone in the assisted living apartment, so if he can’t generate income from his home he has no option . He moved in when we were being told mum would be able to move there too and they were going to rent their house out to cover the rent however the rehab ward sent her out with no follow up physio or adequate pain relief and she couldnt get back to walking. She worked as a nurse for over 30 years and it’s so sad how broken areas of the nhs are.
My brothers and I are considering best way forward for dad who can no longer care for her
Mum is still in the early stages of dementia so has insight which actually makes it very difficult she’s terrified of being forgotten but can’t remember when we visit.

 

[SeaSwallow]

Hello @DarylH Your situation sounds quite complicated and I think you might find it useful to contact the Alzheimer Society's helpline. I have attached their contact details below.

Contact us

Find out how to get in touch with Alzheimer's Society by phone, email, post or online.

www.alzheimers.org.uk

 

[DarylH]

It is complicated and the advice to rent rather than buy with shared ownership was unfortunate as it means he now has to move back to the house as he can’t afford to live in the rented apartment on his income alone even tho he could generate income from his house. He doesn’t want to use deferred payments as interest mounts uo

 

[SeaSwallow]

It is complicated and the advice to rent rather than buy with shared ownership was unfortunate as it means he now has to move back to the house as he can’t afford to live in the rented apartment on his income alone even tho he could generate income from his house. He doesn’t want to use deferred payments as interest mounts uo

I would still suggest that you contact the Alzheimer's Society's contact number for advice. They are very helpful.