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moving areas and from self-funding to assisted funding rules

Discussion in 'Legal and financial issues' started by LesleyJ, Nov 22, 2015.

  1. LesleyJ

    LesleyJ Registered User

    Nov 22, 2015
    4
    Hello, I can't seem to find any advice about this despite having a good read of current legislation...

    My mum is in a care home who have advised us (suddenly) that they can no longer meet her needs, as she requires more specialised care relating to her dementia. She lives 300 miles away, in a home we first chose as it enabled her to remain in touch with her friends. She has been self-funding for 2 years without any involvement of SSD.

    The time has come for her to move near me, so I can support her care in a provider in my area. She has enough funds for less than a year, so we will need assistance soon. I am keen not to delay her move as her current home want her out and I am concerned about if this puts her at risk.

    I phoned the helpline today and they said it would be good practice to have a Best Interests meeting. Would this help with future funding, or should she move and self-fund before we approach my LA? I have looked at capacity, we do not have power of attorney in relation to her care. I don't want to put future funding at risk if we move her without going through the correct channels, but I also don't want to delay a move unnecessarily.

    Thanks in advance.
     
  2. LesleyJ

    LesleyJ Registered User

    Nov 22, 2015
    4
    Hello?

    Is anybody there... Even if there is no advice, a hello would be great...
     
  3. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    4,937
    Female
    Chester
    Sorry - I don't have any experience of this, but thought I would bump your post up.

    Welcome to TP, normally someone comes along and comments, but I'm not sure a lot of people have moved areas so if you keep bumping you will get some help
     
  4. sleepless

    sleepless Registered User

    Feb 19, 2010
    3,232
    Female
    The Sweet North
    Hello Lesley, and welcome to TP. I'm sorry but I have no experience of either of the two issues you raise, but hopefully someone will come along soon who has. I am sure though that you are right to move your Mum nearer to you at this stage.
     
  5. LesleyJ

    LesleyJ Registered User

    Nov 22, 2015
    4
    Thanks, I really appreciate the replies - thought I'd done something wrong! I appreciate its an unusual request, but hoping to get it sorted. First step has been a referral for an assessment as I can't move her until we clearly know her needs.
     
  6. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    For me that is the right thing to do. You will not jeopardise funding whatsoever and people are allowed to move if they wish.

    It gets a tad complicated with regard to which LA will have to provide the funding but that will be something for the Old & the New LA to sort out when the time comes. The Old LA will more than likely only be able to offer help on a suitable home in their area and will have to approve your choice near you which you will be left to source yourself.

    Moving between areas: inter-local authority and cross-border issues Sec 19 of the New Care Act Guidance.
    https://www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation

    I wish you well.:)
     
  7. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,419
    #7 jenniferpa, Nov 24, 2015
    Last edited: Nov 24, 2015
    In the past, your mother moving to a new area while self-funding would make her ordinarily resident in the new area when her funding ran out, thus making the new LA responsible for the funding. The document that related to this definition is here https://www.gov.uk/government/publi...-of-people-in-need-of-community-care-services

    I caution you though that this may well have been superseded by the Care Act. I haven't kept up with this I'm afraid.

    I should also warn you, though, that it's not uncommon for care homes (particularly those in London Boroughs and the home counties) to require residents moving to those homes to provide a commitment to self-fund for X years. So if you're moving your mother to more expensive area from a cheaper area you may have other problems.
     
  8. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    I do believe the Acts related to that document are now superseded by the Care Act and is covered in Sec 19. There doesn't appear to be much change though.

    The only part which stopped me saying the New LA would be responsible is that the Old LA are/will have to carry out a needs assessment first and therefore may be deemed responsible for the duration.:confused:

    Either way it should not affect funding other than as you say their current rate differences.:(
     
  9. LesleyJ

    LesleyJ Registered User

    Nov 22, 2015
    4
    update

    Thanks everyone. I have now gained further advice and it seems as a self-funder being moved in her best interest she will gain ordinary residence of the new area. She may not need support with funding so it may be academic that I need to approach the LA. She has now been assessed, so I can identify a care home. The next step is trying to arrange transport as she is now in a wheelchair, so can't go in one of our cars. But in terms if the legal aspects I think I am a bit further forward :)
     

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