Moving a relation in the houes rent free
- Thread starter raycare
- Start date
As soon as Dad is in permanent residential care the house will cease to be disregarded.
The LA will expect brother to act in Dad's best financial interests which means selling the house, rent would not cover care fees.
How is house owned?
Has Mum got capacity?
Has Mum appointed LPA(s)?
As has been said, your brothers son and family are not eligible for a mandatory disregard. If a relative with a child has been living there for a while and has been caring for the person with dementia, then the LA will sometimes award them discretionary disregard, but (as the name says) they dont have to and it is done at the LAs discretion. I very much doubt that it would be awarded in this case.
You mentioned that his son was keeping your dads savings low, so that he is expecting the LA to pay care home fees. However, if the LA decides that the house is part of your dads assets, then they will deem him self-funding and simply not pay (they may also decide to not pay your mums care home fees if your dad does not return home). This will undoubtably cause problems when your dad is fit for discharge from the hospital.
I think your brother is in for a nasty surprise
You mentioned that his son was keeping your dads savings low, so that he is expecting the LA to pay care home fees. However, if the LA decides that the house is part of your dads assets, then they will deem him self-funding and simply not pay (they may also decide to not pay your mums care home fees if your dad does not return home). This will undoubtably cause problems when your dad is fit for discharge from the hospital.
I think your brother is in for a nasty surprise
The house is owned out right jointly by my mum and dad
Mum has very bad dementia she wets herself can't feed herself etc
At the moment care home is about £800 a month she pays 110
Think my brother telling the hospital that there no one at but his son is there
I don't understand discretionary disregard ?
But think that's a bit of the problem as my brother son and girlfriend and baby are in the house he wants them to keep the house
And will not help My dad to come home
I don't understand discretionary disregard ?
But think that's a bit of the problem as my brother son and girlfriend and baby are in the house he wants them to keep the house
And will not help My dad to come home
Care home charges vary between different areas but the vast majority of us pay £1,000+ per WEEK. Assuming that your Mum has no other income, her contribution should be her state pension less abut £30 a week.
LA is the Local Authority AKA the Local Council.
Disregard is when the value of the house isn't included in someone's finances. This applies to your Mum at the moment because your Dad lives at the property but there are other reasons why a property would be disregarded.
Discretionary disregard is when the house should be included in someone's finances but the LA have chosen to disregard it. None of us think that this applies to your Dad's property.
"But think that's a bit of the problem as my brother son and girlfriend and baby are in the house he wants them to keep the house" It's not your brother's house, it belongs to your parents and if both need residential care, it will probably need to be sold to pay both of their fees.
"And will not help My dad to come home". He may be able to put your Dad into care as self funding but when someone is funded by the LA, a Social Worker will access them and rather than agree to paying for a care home, they are usually sent home with a package of carer visits.
LA = Local Authority. They are the people who pay the fees if you dont have sufficient
If there is a husband or wife (or another close relative who is 60yrs or more old) living in the house when someone with dementia moves into a care home then the house is disregarded - it is not taken into consideration for paying care home fees. If the house is not disregarded then it is expected to be sold to pay the fees and the Local Authority will not pay towards it.
You mentioned that you had heard of other families where there was a child living in the house and the house wasnt sold, so I wanted to explain that such things could happen, but only at the discretion of the Local Authority and this is called a discretionary disregard. Because they only moved in after your dad went into hospital and they had never looked after your dad (or mum) then they would be extremely unlikely to be granted a discretionary disregard.
This means that once your dad is fit for discharge then either he will be sent home with a care package, or he will go to a care/nursing home and the Local Authority will expect the house to be sold to pay for his care. Either way, the grandson, GF and baby will not be able to stay there
That will double if Dad goes into care, is it £800 a month?
If the house is not sold it will be included 50:50 in Mum's and Dad's assessments taking them both over the £23250 upper limit making them self funders paying more than the LA rate, net rental income will be far short of the total care fees.
If your brother is hoping to keep the house then your Dad will have to return and continue to live there. Whether that is with the young family looking after him so that they continue to live there is up to them but not a good situation for any of them by the sound of it.
If they stayed they would have to pay a market rate and have a formal contract.
Certificates for electricity, gas , and fire safety would be needed and Dad would have to declare the income to HMRC (his majesty's revenue and customs), as LPA brother would have to act in Dad's best interests and do all the administration.
Should the hospital discharge Dad to his home with a Care package, this usually 4x30 minute visits, to help him get up and dressed, medication, change incontenice pads, maybe two meals(microwaved frozen/sandwich)then help to bed.
There will be long periods when he will be left to his own devices.
Should he be discharged to an Assessment bed, in a Care Home, it will be for a short time(2-4 weeks) to assess his needs fully, Can he dress himself, feed himself, toilet himself, etc.
At the end of this a suitable place will be found for him.
A person with dementia (PWD) is very difficult to live with, and certinaly PWDs and young children do not go well!
There will be a Local Authority financal assessment done on Dads financal situation, including what he owns(fast cars, race horses, houses etc.) in order to discover what he can pay towards his Care.
This may also impact on mothers finanical position as well.
As has been already said, your brother may have some difficult questions to answer, by people who will not be "fobbed off"
Bod
