Local authority and care home fees - backdated?

[Paul A]

I personally have been topping up Mum's self-funding fees for some time. However, after finally getting an assessment for CHC ( awaiting the outcome) I was told about the LA option, whereby if mums savings/assets are below £23350 - the LA could pay some of the fees.

Now, mum has been below this threshold for some time, would ( assuming it's granted) be backdated?

Any advice would be appreciated...

 

[nellbelles]

You could try phoning the helpline
Dementia Connect support line
If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.

 

[nitram]

Has your Mum been financially assessed by the Local Authority?

If not you could write, letter or email, to the financially department asking for one to be done and pointing out that she has been self funding since xxxx, and await their reply.

If the assessment process is ongoing write explaining that she has been self funding since xxxx.

 

[Paul A]

Yes that was done today and the funding agreed!!! in a day.
self-funding for at least a year, when she was below the threshold. They have asked me to sign a top up form now, I don't see why I should pay that?

 

[nitram]

Are you now being back paid an LA contribution for the time she was self funding?

 

[Paul A]

No, just from the start of September, I only applied yesterday and it was all agreed. However, mum dropped below the threshold some time ago.

 

[Kapow]

Yes that was done today and the funding agreed!!! in a day.
self-funding for at least a year, when she was below the threshold. They have asked me to sign a top up form now, I don't see why I should pay that?

I agree...I cannot get my head around why a third party is expected to pay the top up fees? All I get told is,well,that's just the way it is,....but why?When my husband went into care i was told that he would no longer pay any bills in regard to our home "because he doesn't live there".So how is it that I am expected to pay top up fees,and if I don't,the LA can move my husband to a home that has no top up fees?

 

[Paul A]

This is a very good and I will be sticking to it.

Care home top-up fees: Do you really have to pay? | Care To Be Different

Independent Age's report, 'Care home top-up fees: the secret subsidy', shows why many top-up fees should not be charged and why councils should pay instead

caretobedifferent.co.uk

 

[Kapow]

This is a very good and I will be sticking to it.

Care home top-up fees: Do you really have to pay? | Care To Be Different

Independent Age's report, 'Care home top-up fees: the secret subsidy', shows why many top-up fees should not be charged and why councils should pay instead

caretobedifferent.co.uk

I have just looked at that...very interesting...someone from Independent age will be ringing me next week..I just know that if I agree to pay the top up fee(presently at £100 per week,and this because my husband has a room with a toilet attached)since he was permanent in the home,then I am going to find myself in debt and unable to pay the fee.

 

[Paul A]

I'm still confused.


This is a reply from from the LA. Who sent me a top up form!!!

A care provider as a private business are able to set the amount of the Third Party themselves if they are not in agreement with the ceiling price set by the local authority , The care home are requesting this additional amount of £35.00 per week , this is not a voluntary requirement.

There are very few homes within the Borough who do not set a ‘Top up’ the few that do not are the exception.

It is not an automatic given that the Local Authority would pick up this funding.

I will now need to refer this matter on to the social work team , who will be in contact to discuss further , until this matter is resolved then the ‘Top up’ remains payable which if not paid will result in arrears at the home due to none payment of this requirement .

 

[nitram]

This is a reply from from the LA. Who sent me a top up form!!!

The care home are requesting this additional amount of £35.00 per week , this is not a voluntary requirement.

Did this information come from the finance section or elsewhere?
Have you signed anything committing you to this payment?
The LA may claim you chose an expensive home.
You can argue 'best interests' against any move.


12) A person must not be asked to pay a ‘top-up’ towards the cost of their accommodation because of market inadequacies or commissioning failures and must ensure there is a genuine choice. The local authority therefore must ensure that at least one option is available that is affordable within a person’s personal budget and should ensure that there is more than one. If no preference has been expressed and no suitable accommodation is available at the amount identified in a personal budget, the local authority must arrange care in a more expensive setting and adjust the budget accordingly to ensure that needs are met. In such circumstances, the local authority must not ask for the payment of a ‘top-up’ fee. Only when a person has chosen a more expensive accommodation can a ‘top-up’ payment be sought. Paras. 20 and 21 set out guidance on additional costs.

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#AnnexA

 

[Paul A]

It came from the finance department of the LA. Mum was self-funding until she dropped below the threshold. The LA said very few care homes in the borough didn't need top ups. I have not signed anything or agreed to it. I do not intend to do so either.

 

[canary]

The LA said very few care homes in the borough didn't need top ups.

That is almost certainly true - if you are unable, or unwilling to pay top-up fees there is very little choice.
You can try arguing that it will be detrimental to your mum to change care homes, but it doesnt sound to me as though the LA is going to increase its fee to cover your preferred care home and if you refuse to pay the top-up the care home will give you notice.
I think you may have to bite the bullet and look at the homes that the LA fees will cover.

 

[Paul A]

I will pay them if I must because mum is settled. However, given mum, like many has sold her house to pay for her fees I won't give in without a fight.

On Thursday the CHC panel is reviewing the case, if they don't agree - I will simply appeal. I'm using a 'no win no fee' law firm that has already returned £170 MILLION to clients. They will go for back-dated fees if applicable.

I will keep you updated.