Do I have to pay top ups if mum is on a Section 117 aftercare?

[camkam]

My 93 year old mum is currently in hospital on a section 3, and is due to be discharged to an EMI nursing home shortly. I've been given a list of homes in her area but I was also asked by the social worker if I could pay top-ups. I explained that mum was on a section 3 which then invokes section 117 which means that she no longer pays for any aftercare but the sw said top-ups were still payable. This seems ludicrous because if mum isn't contributing towards the care home, her pension will presumably build up in her bank account and I potentially will be paying top-up fees? I'm struggling to get my head around this, can anyone clarify for me please?

 

[Pete R]

My 93 year old mum is currently in hospital on a section 3, and is due to be discharged to an EMI nursing home shortly. I've been given a list of homes in her area but I was also asked by the social worker if I could pay top-ups. I explained that mum was on a section 3 which then invokes section 117 which means that she no longer pays for any aftercare but the sw said top-ups were still payable. This seems ludicrous because if mum isn't contributing towards the care home, her pension will presumably build up in her bank account and I potentially will be paying top-up fees? I'm struggling to get my head around this, can anyone clarify for me please?

Sec 117 should mean no top ups. However the amount they will fund is not unlimited. They have to be able to name one NH that they will fund that can meet your Mum's needs. If you do not like this NH and prefer another that is more expensive then there will be a top up payable but unlike other top up restrictions your mum can use her own funds so the burden will not fall on you.

 

[camkam]

Sec 117 should mean no top ups. However the amount they will fund is not unlimited. They have to be able to name one NH that they will fund that can meet your Mum's needs. If you do not like this NH and prefer another that is more expensive then there will be a top up payable but unlike other top up restrictions your mum can use her own funds so the burden will not fall on you.

Hi,I just spoke to the Age UK Advice line and apparently section 117 means mum is exempt from the 'third party' ruling on top-ups and can pay her own top-ups if they are needed. That makes sense but I'm not sure the social worker understands it!

 

[Pete R]

makes sense but I'm not sure the social worker understands it!

Annexe A of the CA 2014 Statutory Guidance covers it if the SW needs to do some reading......

First party ‘top ups’

39) The person whose needs are to be met by the accommodation may themselves choose to make a ‘top-up’ payment only in the following circumstances:

•where they are subject to a 12-week property disregard (See chapter 8 on Charging)
•where they have a deferred payment agreement in place with the local authority. Where this is the case, the terms of the agreement should reflect this arrangement. For further guidance on deferred payment agreements see Chapter 9.
•where they are receiving accommodation provided under S117 for mental health aftercare

https://www.gov.uk/government/publi...-guidance/care-and-support-statutory-guidance

 

[camkam]

Annexe A of the CA 2014 Statutory Guidance covers it if the SW needs to do some reading......

First party ‘top ups’

39) The person whose needs are to be met by the accommodation may themselves choose to make a ‘top-up’ payment only in the following circumstances:

•where they are subject to a 12-week property disregard (See chapter 8 on Charging)
•where they have a deferred payment agreement in place with the local authority. Where this is the case, the terms of the agreement should reflect this arrangement. For further guidance on deferred payment agreements see Chapter 9.
•where they are receiving accommodation provided under S117 for mental health aftercare

https://www.gov.uk/government/publi...-guidance/care-and-support-statutory-guidance

Thank you, I think I might need to refer her to this!