NEVER agree to third party top up's!!

[gemini]

Third party top up's!!

I posted a while ago and explained how my hubbie and I were almost tricked into signing a Third Party top up contact! Well the develpement is that in the end SS agreed to fund the difference!!

BUT!! Having had the results of the ''Asscesed Charges' we have found ourselves in a totally ridululous situation!!

Basically, SS want mil's entire income except for £21.50 pw. Her home is now on the market but they do not take into account her 'expenses' regarding her unsold home!

She has DD's for Gas, Electric, water & insurance but they do not allow these as expenses. I phoned the 'Council's Customer Services Department' and explained the situation but they wont budge!

I then enquired 'if she can't pay the full amount that they have requested because of her expense commitments, who would the council 'chase' for the remaining fee's'

They said; 'WHOEVER HAD AGREED TO THE THIRD PARTY TOP UP' !!!!

Gemini

 

[speny]

If the SS have agreed to fund the difference than surely they become the 3rd party so will be responsable for your mil expences regarding her unsold home? May be you should get advice from cab.

Sue

 

[ella24]

Hiya

Not sure if you mean the Council csutomer services dept but they are wrong in saying they would chase the top up fee payer - the agreement is between utility company and MIL.

The utilities costs (if still on DDs) may not be considered in day to day 'running expenses' to assess MIL's income etc, but if they are in debit (ie you owe the utilities) then they should be taken into account on the 'assets' part of the financial assessment - similarly if they are in credit they would use that figure too.

If you are able, why not see how the account for them stands and discuss reducing the DD with the utilities companies (as they should no longer be in use/minimal usage)

e

 

[Amber 5]

Hi,
I am very interested to see how things work in this case as my mum may be in a similar situation soon. Are you not in a position to cancel the utilities if your MIL is no longer living in the unsold property? Does she still have any mortgage or interest to pay on the property?

It is such a worry - I'm glad to hear that SS agreed to pay the difference in the end though. I hope you get some satisfactory conclusion to this.

Regards,
Gill x

 

[gemini]

Hi every one,

Thanks for replying. I will be able to reduce the DD's for the Gas & electric as they should be minimal now that the house is unoccupied. But the water rates and especially the insurance is another matter. Her house is owned outright so there is no mortgage.

It's the totally illogical reasoning that I do not understand. The care home cost £384 per week, she has approx £220 income from pensions etc and they want the lot except for £21.50 towards the cost of the home. (The remaining amount is accruing under the terms of the deferred payment scheme!) However with nothing left over to pay the insurance premium and utilities what are we supposed to do? It's ludicrous. How can they state that these are not 'expenses'? They don't just dissapear because the council refuse to acknowledge them. They've still got to be paid but with what?

I'm just about at the end of my tether with these people I really am!

Regards

Gemini

 

[jenniferpa]

Gemini

Have you looked at CRAG (charging for residential accomodation guidelines)? It's a multipage document that LAs must follow when it comes to assessing people. You can download it here http://www.dh.gov.uk/en/Publication...tions/PublicationsPolicyAndGuidance/DH_097578

The very last clause of section 5.005 (Varying the amount of personal expenses) says

• where a person is responsible for a property that has been disregarded, for
example because they are temporary or they qualify for one of the mandatory
property disregards, the LA should consider increasing the person’s PEA to
meet any resultant costs.

You could make the point that should the LA not do this, the only option will be for the water board and the insurance company to sue your mother for the arrears, with the result that a lien would be placed on the property and they would get their money that way and then there would be less money to pay her care bills so the LA would end up paying for that sooner rather than later. Of course if she doesn't pay her insurance premium that insurance will lapse.

 

[sue38]

Of course if she doesn't pay her insurance premium that insurance will lapse.

And so if the house burns down the LA will get nothing. It does really make sense for the LA to increase the allowance to protect their 'investment'.