Moving from one LA to another

[bobblehat]

I'm sure I saw a thread on this somewhere here but having spent 20 minutes searching I'm afraid I couldn't find it again. Maybe someone can point me in the right direction or perhaps help out?

Basically Mum is in a home in Norfolk. We are going to move her soon to Derbyshire so she can be in the same care home as her sister (both have dementia).

Obviously this will mean moving Local Authorities.

Right now she has her own funds (and a house) to last a few years, but in the case of this running out - let's say 5 years' time - I understand that the LA will step in (possibly topped up by us) to pay for the home.

Or is it the case that because she moved from one LA to another, the new LA might refuse to help out at all?

Any links to info on this or personal experiences would be more than welcome thank you!

 

[Kevinl]

It's for the LA's argue who has to pay, Derbyshire should pay as that's where your mum would be living and have no other "settled residence", however, they may want to say that she lived in Norfolk in care (even as a self funder) had lived in Norfolk before she went into care so it's Norfolk's problem.
See section 39-41 of the 2104 care act which explains it and how the LA's resolve the dispute. Either way up one of them will have to pay but which one is for them to argue about, both may have a case but it's not your or your mum's problem who.
K

http://www.legislation.gov.uk/ukpga...establishing-where-a-person-lives-etc/enacted

 

[bobblehat]

Many thanks for that link - looks like some fun bedtime reading ahead!

 

[Pete R]

Or is it the case that because she moved from one LA to another, the new LA might refuse to help out at all?

The new LA cannot refuse to help and should be the one to fund care.

Have a read of the CA2014 Statutory Guidance that gives examples of how the Act should be implemented. Sec 21 and then Example 1 seems to fit your Mum's circumstances even if her name is not "Wendy".
https://www.gov.uk/government/publi...ce/care-and-support-statutory-guidance#AnnexH

Under the Care Act, Wendy is deemed to continue to be ordinarily resident in the area in which she was ordinarily resident immediately before her accommodation was provided by a local authority under the Act. Immediately before Wendy was provided accommodation, she was living in the same care home, but was responsible for paying for her own care. She had voluntarily left local authority A and moved to the care home in local authority B, which she had adopted voluntarily and for settled purposes. Therefore, Wendy is found to be ordinarily resident in local authority B.

Good Luck with the move.

 

[bobblehat]

And thank you Pete for that link - I think it is very close to Mum's situation when her self-funding runs out.

Meanwhile we are trying to get her name changed to Wendy just in case!

Thanks for all the help guys!