My mother has been self funding in her current care home for over four years. Her money has now run out and I am dealing with the local authority regarding future funding. My mother has severe Alzheimer's and it would be best for her to stay where she is, however the Council wish to move her to an alternative home which they say can meet her needs at a cost that is acceptable to them. I'm wondering whether I need a lawyer involved. I would really love to hear experiences and advice from anyone in my situation.
Dispute with local authority over care home funding
- Thread starter Bjay
- Start date
You've got a good case (ask for a best interests meeting) because your mum has been there for so long - a move would probably be unsettling/disruptive. But it depends...
If your mum has lost capacity and doesn't know anyone, is bedbound or just generally very advanced, the LA may say it would make no difference where she is. If she is less advanced, they may still try to move her. You might wish to challenge that but you might have to 'prove' it or at least produce some evidence to support your claim.
Unfortunately, cost is also a factor. So it would depend on the difference between what the CH charge and what the LA will pay. Some people are able to negotiate with the CH and get them to accept the LA fees, especially if a resident has been paying full whack themselves for years. Have you spoken to the manager about this? Worth a try...
Do not agree to pay top-up fees!
And yes, depending on how things play out, you may need to get a solicitor involved.
If your mum has lost capacity and doesn't know anyone, is bedbound or just generally very advanced, the LA may say it would make no difference where she is. If she is less advanced, they may still try to move her. You might wish to challenge that but you might have to 'prove' it or at least produce some evidence to support your claim.
Unfortunately, cost is also a factor. So it would depend on the difference between what the CH charge and what the LA will pay. Some people are able to negotiate with the CH and get them to accept the LA fees, especially if a resident has been paying full whack themselves for years. Have you spoken to the manager about this? Worth a try...
Do not agree to pay top-up fees!
And yes, depending on how things play out, you may need to get a solicitor involved.
I have a similar problem.My husband is in care,been there since June.My problem is regarding top up fees.We had a financial assessment done about three weeks ago and I received the letter which states the amount payable by my husband,he is LA part funded.Anyhow,a few days later I received a phone call from financial department at the LA to say they hadn't factored in the top up fees of £100 per month for my husband and that would have to be paid for by myself.Thing is,mapping out my finances,I am left with just over £200 per month "spare" after all bills are paid.Now the LA have come back to ask for £100 in top up fees...I said I cannot afford this,the figures they have seen by themselves show this,and I am aware that top ups are completely out of control of the LA and can escalate tremendously.How are people expected to pay this?
Don't pay any top-ups - you are under no obligation to do so. The LA do have obligations: they must offer your husband at least one care home option that does not require any top up. That sounds good but it may not be a home you like or it may be some distance away making visiting difficult. You could challenge such a decision on those grounds, i.e. it's important for his wellbeing that you visit.
If there is nowhere within a reasonable distance that will accept the council rate, they MUST up the amount they are willing to pay in order to find a place.
Hi @Paul A . I would be very wary about paying a top up fee - you are under no obligation to do so. Also it might be worth taking the form to someone who can advise you. The back page of the forms I was sent for dad’s care agreement with the LA would have made me personally liable for his fees so be careful what you put your name to.
@Paul A Until your Mother’s funds drop below the £14,500 or thereabouts the LA only contribute so much and your Mother continues to pay the rest so there should be no need for them to ask you to pay a top up. Once she reaches the lower limit then your Mother uses her state pension and any private pension and the LA make it up to the care homes weekly charge. If the pension/s plus the LA contribution does not reach the care home cost then they can ask for you to pay a top up. Paying the top up is your choice, you don’t have to pay it.
If you refuse to pay the top up the LA may say that you will have to move your Mother to a care home that the pension/s and their contribution cover which means a cheaper care home. As your Mother has been there 4 years, hopefully you have a good argument that moving her would not be in her best interests and they will agree to exceed the limit of their contribution.
If you refuse to pay the top up the LA may say that you will have to move your Mother to a care home that the pension/s and their contribution cover which means a cheaper care home. As your Mother has been there 4 years, hopefully you have a good argument that moving her would not be in her best interests and they will agree to exceed the limit of their contribution.
It is sometimes possible to pre arrange with the home that after x years of self funding they will accept the LA amount and not ask for a top up.
That's the one.
Integrated Health & Social Care Services
THIRD PARTY CONTRIBUTIONS AGREEMENT
Mr / Mrs / Miss __________________________________________________________________________
at ______________________________________________________________Residential / Nursing Home
has exercised his/her right to choose accommodation at a higher cost than the Local Authority would usually
expect to pay to meet the needs identified in the care plan.
I ______________________________________________ of _______________________________________
_________________________________________________________________________________________
hereby undertake to contribute a third party contribution towards the cost of their accommodation.
I understand that:
- The Local Authority can take action against me if I default on the payment. This may result in alternative accommodation being arranged.
- That an increase in the resident’s income will not lessen the need for a third party contribution payment.
- That a rise in the accommodation fees will not automatically be shared equally between the Local Authority and the Third Party.
- The top-up payment must not be derived from the resident’s savings or capital, unless it is subject to a 12 week property disregard or the costs of care are being met through a Deferred Payment Agreement.
- The third party contribution payment will be £ per week with effect from the date of admission.
- The third party contribution payment will be reviewed each year, in accordance with any change in the weekly charge made by the home.
Signature: ______________________________________________ Date: _____________________
Name (Please Print) ______________________________________
Relationship to Resident ___________________________________
________________________________________________________
Office Use:
Verified by LA Officer: __________________________________ Date: _____________________
The man I spoke to at the LA said he would go back again and look at the finances...then he would ring me back...this was two days ago,and I appreciate they don't move fast.I rather think they are searching around for another care home,but to be honest,he would be so upset to move from his current home,he's really settled there and the staff are lovely too,it's clean and well run,so I too would be so sorry to have to remove him from there.You know,I have had nothing but battles with SS since my husband went into care in June.So tired of it all now.
