Finding out the facts. about paying for care.

Discussion in 'Legal and financial issues' started by kenaidog, Aug 22, 2015.

  1. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    We have been to see a solicitor with the mil to see what they a had to about the truth about paying for care. Its not possible to do a power of attorney or anything else so she would have to go for deputyship if needs be, which we have been told is very expensive about £800 plus docs fees too.
    The ss told her she would get everything taken off her, ie all his pension and private pension too but the solicitor said that it not the case, he said they cannot leave her with no money to pay the bills she has to pay and after reading about that poor man who killed himself on another post i feel its a good thing to know!
    Of course she was panicking about how she was going to pay her bills and who wouldnt be.He said of course she will need to fight against what they say but not take it for granted that what they say is truth which is ss case is pie in the sky in a lot of cases.
    Anyone else has the same issues to deal with and what happened to them. Ive found out that if she were to sell the house they would then be grabbing money back of that for the care.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,713
    Female
    London
    You can save those £800 solicitor fees and either fill in the forms yourself or have a charity assist you with that. And yes, if someone who goes into care owns a house and there is no good reason for a disregard, then it will have to be sold pay for the care. Even if you entered into a deferred payment scheme, it would still have to be sold at some point. There are rules how much they have to leave her to live on but I think it's only £24 a week or something.
     
  3. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    What £24 A week!!!!, she has bills of over 600 a month and only £60 pension her self!
    Will she be forced into making a a deferred payment for the care for him! the trouble si soon rack up a high cost when your paying care home costs and im pretty sure it would soon engulf the value of the house.

    So they can only take half of his pension though??? which to my reckoning will pay for about 200 towards the cost of care per week which would leave 300 a week say based on 500 a week care home ,is that right?
    By the way she lives there right now!
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,713
    Female
    London
    Is MIL the one going into a home or FIL?
     
  5. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    FIL is going to go in, being assessed at the mo.
     
  6. Beate

    Beate Registered User

    May 21, 2014
    11,713
    Female
    London
    Ah. FIL would be the one with £24 a week left.
    I am afraid I don't know much about how pensions are used but I am sure some knowledgeable soul will come along shortly.
     
  7. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    It is the resident in a home who is given an allowance of around £24 per week.
    The spouse is allowed to retain half of any occupational or private pension of the resident but the remainder and the state pension of the resident goes toward the fees.

    If there is no occupational or private pension then your MIL can apply for pension credit.
    So your MIL will not be left with nothing and will have her own state pension, whether full or the married woman's entitlement, to live on.

    Many of us have survived this without too much of a problem.
    No care is entirely free.
     
  8. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    Well its the bills she is concerned about, so if he has around 400 a week coming in they will take half of that and leave her with the other half?
     
  9. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Not exactly and not if that £400 includes your FIL's state pension too. It is only half the occupational pension that will assigned to your MIL,not the state pension. For that she is reliant on her own.
     
  10. Beate

    Beate Registered User

    May 21, 2014
    11,713
    Female
    London
    She might have to look into reducing her bills by changing utility suppliers etc. Don't forget that her council tax bill will have a single person discount of 25% deducted and TV licence stops being payable after 75 years of age. Of course, his Attendance Allowance and her Carers Allowance would fall away as well, if they were getting it.
     
  11. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    Right ok, am i getting this correct, say he has £400 in total for state and private coming in a week, £150 is state and the rest private, they will take the state in full and half of the private?
     
  12. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Got it in one!
     
  13. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    #13 kenaidog, Aug 22, 2015
    Last edited: Aug 22, 2015
    YES he gets AA, she has a loan that she is paying off you see and that alone is £400 without the other household bills being payed, gas, water electric and she already gets reduction in council tax.This is not sounding good for her i dont think.

    So she wont be able to claim pension credit either then in her own right, coz they will count the half pension she has off him?
     
  14. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Don't panic. The LA has discretion in these matters so wait until your FIL has a financial assessment by the LA. The assessor can be very helpful.
     
  15. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Pension credit is means tested so she would only be eligible if the half- pension plus her own is under the threshold for getting this.
     
  16. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    ahh right ok, i dont think it will be then will it, she gets £60 a week but then add on half of his private and thats another 125 i think,?
     
  17. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
  18. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
  19. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Not quite as the money to either pay for care or to pay the Deferred Payment can come from any source. It does not mean the house has to be sold.
     
  20. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Not necessarily. If MiL is downsizing then FiL half can be used to help pay for the new home. Interestingly the New Care Act doesn't explain whose name(s) the new property should be in.
     

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