Local Authority funded care.

Discussion in 'Legal and financial issues' started by happyhacker, Jan 12, 2016.

  1. happyhacker

    happyhacker Registered User

    Aug 11, 2014
    25
    If the LA takes over funding to the care home and takes my mothers pensions I understand they also negotiate with the Care Home how much they are prepared to pay which is usually much less than my mother would be charged under the Care Home's standard fee. So can the Care Home ask my mother for the difference? Thanks.
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,139
    Male
    North Manchester
  3. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Your Mother should not be asked for a top up but if the LA rate is not enough and your Mother wants to stay there then someone else will have to pay the top up.

    The only way the LA have to up their rate is if the current CH is the only one that can meet your Mother's needs.

    It is purely a decision for the CH if they will accept the LA rate and they are certainly within their rights to request a top up and how that is paid is a matter for you and the CH.

    :)
     
  4. happyhacker

    happyhacker Registered User

    Aug 11, 2014
    25
    Hmm, that's a worry! When the NHS fully funded care ended my mothers finances were above the supported limits (23500). At that time I signed a contract with the care home. They sent me a bill covering Dec and Jan which would have meant dropping below so I just paid the Dec amount? They all seem to be saying don't worry it will all be sorted but in limbo as I've had no feedback yet. It appears that the LA will take all her pensions but had no financial assessment yet. Does this mean that if the worse comes to the worse all my mums funds will be used up and I will be responsible for paying from my own finances if the LA or CH want more? Thanks.
     
  5. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    #5 Pete R, Jan 13, 2016
    Last edited: Jan 13, 2016
    Another person cannot be held responsible for paying another's care.

    Your Mothers money cannot all be used up. She is allowed to keep £14250 and do with it what she wants. The LA will only pay a certain amount. If the current home is above that amount and the LA refuse to pay and can provide another home (within budget) that can meet your Mums needs then you really have no choice but to pay a top up.

    In a previous thread you were advised to contact SS for a financial assessment, did you do this?
    :)
     
  6. happyhacker

    happyhacker Registered User

    Aug 11, 2014
    25
    Thanks, it now appear she does have to do a top-up. Further, the LA have negotiated (I presume) an amount and told me what I have to pay. This will be by check so they have not taken any funds from source e.g. DWP. This will make it easier if MIL goes back into NHS funded. I have do to the sums but it appears they must have factored in the extra amounts required where one has to pay £1 for every £250 between savings of £14500 and £23500. Makes it simpler by far. Wait and see how it goes from here. There was a financial assessment done over the phone and only took a few minutes.
     
  7. realist1234

    realist1234 Registered User

    Oct 30, 2014
    108
    I am concerned that the financial assessment was done over the phone. At the very least you should be provided with the assessment in writing, showing clearly how any contribution towards fees from your mother's income (pensions etc) and savings has been calculated, along with any top-up from family. You should also confirm in writing precisely what total weekly fees figure is being charged by the CH.
     
  8. chrissie121

    chrissie121 Registered User

    Nov 27, 2013
    29
    Hi there, where my mother is concerned the LA pay the home direct and based on my mother's financial assessment she pays the balance. the Care home and the LA do charge a different fee ( it is not fair but it is price based on volumes) whereas an individual is an individual. The LA do not take your mother's pensions, do you have POA. The assess on her monthly income, such as private and person pensions and savings. if she has more than £23,00 in savings she pays for all her care. If she has less than £23,00 they work it out between the lower threshold of £14,250 and £23k. so the difference between is £8,750 divide this by £500 - 17.5 times - each £500 is scored as £1 of additional income per week. total monthly income of £70.00. Say she receives £600 a month pension, total income £670.00. The LA allows a personal allowance of £24.50 a week - total £98.00 month. Deduct £98.00 from monthly income -£572.00 used to pay for care. Divide by 4 - £143.00 total contribution per week by your mother to her care. You or her representative pay the care home direct. the LA pays the balance direct. Hope this helps.
     
  9. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Hi chrissie121,

    Unfortunately there are a few inaccuracies in what you have posted.

    The upper threshold is £23250.

    The PEA is £24.90/week.

    Between the upper and lower threshold it is £250 not £500 that equates to the £1 of income.

    You cannot work out the amount monthly and then divide by 4. The math just wont work over the year. The amount is work out weekly and then multiplied by 4. Extra days are worked out by dividing the weekly rate by 7.

    The New Care Act says the LA should contract and pay the full amount to the CH and bill the person accordingly. However some care homes ask for any top up to be paid directly and this is only acceptable if everyone is in agreement.

    Hope that helps.

    :)
     
  10. happyhacker

    happyhacker Registered User

    Aug 11, 2014
    25
    Thanks for the input. We are waiting for the next CH bill to see if it works out OK and that everyone has the sums right. The CH now owes MIL about £1000 because of the start date of the LA takeover and the amount we paid for the full month. Wait and see.
     

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