Local Authority funding

Discussion in 'Legal and financial issues' started by Ian1943, Jul 1, 2015.

  1. Ian1943

    Ian1943 Registered User

    Sep 27, 2012
    5
    Leicester
    I have a relative with advanced dementia who has been self funding in an excellent care home for over 4 years. The weekly rate is currently £677. Her savings have now dropped to just over £23,250 and she was re-assessed by social worker this week. It seems certain that the assessment will place her in Band 5 (maximum) which attracts a LA payment towards her care at £470 per week. The care home are not willing to accept this lower amount and there are no family members to pay a 3rd party top-up.
    I am confident that if she was to be moved to a different care home her condition is likely to deteriorate rapidly. Can anyone offer any advice on what I can do to persuade the LA to pay the full amount?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    All you can do is play the 'best interests' card.

    After 4 years she is very settled/knows the staff and other residents/ ..... and moving her would be very detrimental to her well-being.

    Is there any chance that the LA could find a placement that met her assessed needs at £470/week?
     
  3. Lindy50

    Lindy50 Registered User

    Dec 11, 2013
    5,302
    Cotswolds
    Nitram, am I right in thinking that since the implementation of the Care Act, it is possible for a top up to be paid from a resident's capital?

    I wouldn't recommend this, but it might help to bridge the gap on a temporary basis? Or not a good idea?

    Lindy x
     
  4. Lindy50

    Lindy50 Registered User

    Dec 11, 2013
    5,302
    Cotswolds
    On the other hand, councils should not be hidebound by set amounts, but should where reasonable pay for the provision that meets the resident's needs.

    So back to 'best interest'. I'd start with that xx
     
  5. Ian1943

    Ian1943 Registered User

    Sep 27, 2012
    5
    Leicester
    Thanks for your help. What I intend doing if the 'best interests' line fails is to ask for a list of homes which accept the LA rate and initially I will do a CQC check to assess whether or not the care home provides good care. I have been given a list of all care homes in the Leicestershire County area (296!) and told to ask each one I consider if they accept the local authority rate! The LA sold off most of their homes recently.
     
  6. Ian1943

    Ian1943 Registered User

    Sep 27, 2012
    5
    Leicester
    I am told that first party top-ups are not permitted and I believe the Care Act is implemented in April next year.

    Ian
     
  7. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Hi Ian,
    The New Care Act came in this April with more on its way in 2016.

    First party top ups are now allowed but maybe not in your relatives circumstances unless there is a property involved?

    I would ask the LA straight away for a list of homes that can cater for your relatives needs within their budget. They MUST provide one and SHOULD provide more than one.

    Your relative should have been told how the LA came by their figure. This figure should no longer be the cheapest nor be based on their ability to block book. It should be based on "Quality Local Provision". There should no longer be arbitrary ceiling that results in people forced to accept a move against their will.

    Unless your relative has very special circumstances or the LA are unable to provide an alternative then I doubt they will agree to a £200/week increase but I do wish you luck.☺
     
  8. Ian1943

    Ian1943 Registered User

    Sep 27, 2012
    5
    Leicester
    I was present when a 'paper' assessment was carried out on Monday this week. The LA social worker expressed a view that when the formal assessment was carried out, (sounded as if the answers to her questions would be fed into a computer program) my relative would achieve the maximum points which would be Band 5 which carries a value of £470 per week. I did wonder if there was anything in section 117 of the Mental Health Act which might help or if I could pay for a Psychiatrist to express an opinion that a move would be detrimental.

    Ian
     

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