Section 117, help please

thistlejak

Registered User
Jun 6, 2020
513
0
MIL was discharged to a Nursing home with Section 117 funding and also Funded Nursing Care - at the time the value of these was circa £800 a week. The NH she went to was the nearest one to us that would take her - 45mins drive away - but her fee was more then the funding. We used her money , as COP Deputies, to pay the 'top up'. We just paid the bill from the care home each month from her account.
 

Firecatcher

Registered User
Jan 6, 2020
608
0
Good morning everyone.
Help and advise needed once again.
My husband has been under section 3 and in hospital foralmost3 months. He takes antipsychotic medication and is about to be discharged into an EMI dementia nursing home under section 117. He has been assessed by both a social worker and a nurse from the care home. He was sectioned as he had lost capacity, was agitated and increasingly aggressive, but is now much calmer, dare I use the words placid and compliant, thinks the hospital is his ‘ home’ now.
I am unsure of how to proceed with his actual move though. Do I drive hIm there, do I go with him if other transport has been arranged or do I meet him on his arrival. Obviously I want the day to go smoothly for him. How have any of you good people managed this transfer?
thank you.
As your husband is in hospital it would be their responsibility to arrange transport. Please don’t be drawn into agreeing to drive him yourself. He’s been in hospital
under section 3 and even though he’s deemed ready for discharge it’s still early days.
 

Firecatcher

Registered User
Jan 6, 2020
608
0
Help please, I am totally confused.
Husband due to be discharged under 117 to a care home next Tuesday. We will have to pay top up fees. I have been sent by the council, a third party agreement form to sign but also a fact sheet regarding financial matters top up payments. At the bottom of the page it says ‘ can I top up my own fees ‘ and then says ‘ no , except in the following circumstances……if you receive services under section 117 of the mental health act 1983.
My husband has a healthy pension pot and I assumed that the top up fees would come from that, I have POA, but when I query if this is possible I am getting nowhere. I have asked the help line here, they are unsure, I have asked the manager at the care home, she can’t help. I have sent texts, phone calls to his social worker, she has not replied, I have asked at the hospital where he is at the moment, they are unsure. I don’t want to sign a form that might commit me to paying increasing costs over possibly a number of years.
I have even tried to phone the office of public guardian, to ask advice as I have POA, no answer.
If anyone can help I’d be most grateful.
First of all do not sign anything that will commit you to paying from your own funds. I’m not entirely sure but if your husband is able to pay a top up from his own private pension you should still be entitled to half of that. I’d also argue why the social worker have found a home which charges above the amount that the LA will pay. They should offer you one placement which accepts their rates.
 

Skylark/2

Registered User
Aug 22, 2022
412
0
Hello everyone.
my husband finally moved into a care home 2 weeks ago , after a few hiccups along the way. The transfer went smoothly and he has settled well.
However, just before he moved I noticed he was ’ sleeping ‘ more. I say sleeping but it’s more like just keeping his eyes closed, he’ll even give the odd monosyllabic answer to a question but won’t open his eyes.
Is this a further progression of Alzheimer’s, at what stage does this happen and why?
I’m sure you good people have som experience of this and can offer advice.
thank you.
 

SAP

Registered User
Feb 18, 2017
1,595
0
@Skylark/2 I’m pleased to hear that he has settled, what a time you’ve had.
Well sleeping a lot is not uncommon, I think the brain just gets overwhelmed and needs to shut down. Processing daily life must be a huge challenge in the later stages of dementia. My mum has to sleep after breakfast and then after lunch, it’s not boredom but a need for the brain to re group. I suppose having his eyes closed is another way of doing this, he is shutting out some of the overstimulation of daily like. He may also be on medication that makes him sleepy but is keeping him stable. Finally , he has been on a massive trip through dementia just recently and he needs to recover as best he can, you both must be totally frazzled by it all.
Don’t forget your own needs @Skylark/2 , take care of your self now that he is being cared for and is safe.
 

Sarasa

Volunteer Host
Apr 13, 2018
7,438
0
Nottinghamshire
I'm glad your husband has settled into his care home. Things have been so tough for your recently so I'm glad they are now a little easier. I agree with what others have posted about your husband maybe needing to close his eyes to help him deal with daily life.
 

DeeCee7

Registered User
Oct 13, 2023
338
0
Just wanted to say that I am so pleased your husband is now settled in his care home. Indeed, what a journey to get to here. But your story must give hope to others struggling, thinking that there’s no end in sight. I wish you well in your new future too @Skylark/2
 

Skylark/2

Registered User
Aug 22, 2022
412
0
Thank you everyone for your support, kindness and empathy.
It’s a new life for both of us, one I am struggling to accept.
 

Abysmal

Registered User
Oct 17, 2021
17
0
Help please, I am totally confused.
Husband due to be discharged under 117 to a care home next Tuesday. We will have to pay top up fees. I have been sent by the council, a third party agreement form to sign but also a fact sheet regarding financial matters top up payments. At the bottom of the page it says ‘ can I top up my own fees ‘ and then says ‘ no , except in the following circumstances……if you receive services under section 117 of the mental health act 1983.
My husband has a healthy pension pot and I assumed that the top up fees would come from that, I have POA, but when I query if this is possible I am getting nowhere. I have asked the help line here, they are unsure, I have asked the manager at the care home, she can’t help. I have sent texts, phone calls to his social worker, she has not replied, I have asked at the hospital where he is at the moment, they are unsure. I don’t want to sign a form that might commit me to paying increasing costs over possibly a number of years.
I have even tried to phone the office of public guardian, to ask advice as I have POA, no answer.
If anyone can help I’d be most grateful.
Hi, I had a similar thing with finance. I was told by the social worker that my husband was self funding due to his pension pot which wasn’t in drawdown. I self funded out of his bank account them mine until we were bled dry. During the time I was looking for a home I had contacted the pension holders and advised them that we would need to start drawing down to fund my husbands care. Initially they said to let them know when I needed the money and there would be no problem organising it. Then a nightmare started. The financial advisor informed me that we should be council funded, the council insisted we should be self funded. I sought advice from admiral nurses and were advised that as the family home was in my husbands name it would probably have to be sold. I borrowed money from my family to pay for fees, sought advise from one solicitor who told me to go back to the SW, I did with the same response. I sought advice from a second solicitor who told me to go back to the financial advisor. The financial advisor threatened court of protection as he had a duty to protect my husbands pension for the future and said if I insisted on asking for the money he might have to raise a safe guarding issue. Eventually, as I was now penniless and unable to pay the fees the home served an eviction order. The SW then looked at the case again and got temporary funding set up by the council, My husband was moved to a ‘cheaper’ home which the council would fund and after advice from an independent financial advisor and eventual transfer of funds from the company managing the pension to another financial company the problem was resolved. My husband has to pay the equivalent of a weeks fees on top of the council fees but at least it’s not the £1500 a week we were initially paying. Apparently the figures are worked out by taking in account how much state pension your partner receives and then a proportion of the private pension is taken into account. The private pension can’t be used to fully fund the fees but will be used to pay towards the fees. When a top up fee is required it’s different again. This is a fee on top of the council contribution and your contribution if the home you choose is more expensive than the council are prepared to fund. The top up fee can’t be taken from your husbands money as this has been taken into account when calculating how much your contribution to the fees will be. This has to come from a third party ie family. I was told by the council that years ago the top up fees required never usually came to more than £100 so family members would club together to pay this. This all took me six months to sort, I like you, struggled to get the advice I needed. The most helpful people were the council who were able to explain it clearly to me. I hope that you are able to get this sorted fairly quickly. My husband wasn’t being admitted under a section but from home as I was struggling to cope which meant I didn’t have a point of contact. SW didn’t want to know as said self funding. Sorry if long winded reply but hopefully might help.
 

Skylark/2

Registered User
Aug 22, 2022
412
0
Thank you so much for your reply and your experience sounds awful!
The hoops we have to jump through and we battle on.
My husband is now in a care home, hopefully feeling more settled.
I am curious about one thing though.
We use to get Attendance Allowance which has been discontinued now he is in the care home. My husband is there under section 117, which means that local authority and NHS pay his fee and I pay 3rd party top up. The amount covers100% of the care home fees.
My question is what happens to the Attendance Allowance, does the care home apply for it. If so that’s an extra few hundred a month on top of the 100% it already gets.
Any ideas anyone?
 

thistlejak

Registered User
Jun 6, 2020
513
0
As your husband is partially funded by the State then he is not entitled to AA. MIL was on section 117 with top-ups from her money - you can pay top-ups from your husbands money on section 117 - and she 'lost' AA whilst in the the hospital well before going into care.
 

SAP

Registered User
Feb 18, 2017
1,595
0
Yes a @thistlejak says, whilst on117 aftercare funding attendance allowance stops. This is because there is funding in place from the LA and NHS so the allowance is no longer needed. The care home get the funding directly via these typo streams along with your husbands top up.
If he was fully self funding then he would be able to keep the AA.
 

Skylark/2

Registered User
Aug 22, 2022
412
0
I have no problem with the Attendance Allowance being stopped, I understand that it should stop when he is no longer at home. It just doesn’t seem right that the care home fees are being fully paid for but they are getting an extra £400+ a month by claiming the Attendance Allowance. Abit greedy? His care home has 56 residents, can someone do the maths?
 

Quite contrary

Registered User
Jan 5, 2020
477
0
Ilford, Essex
I have no problem with the Attendance Allowance being stopped, I understand that it should stop when he is no longer at home. It just doesn’t seem right that the care home fees are being fully paid for but they are getting an extra £400+ a month by claiming the Attendance Allowance. Abit greedy? His care home has 56 residents, can someone do the maths?
The care home cannot claim Attendance Allowance. It is no longer payable because the LA funding replaces it.
 

SAP

Registered User
Feb 18, 2017
1,595
0
I have no problem with the Attendance Allowance being stopped, I understand that it should stop when he is no longer at home. It just doesn’t seem right that the care home fees are being fully paid for but they are getting an extra £400+ a month by claiming the Attendance Allowance. Abit greedy? His care home has 56 residents, can someone do the maths?
The care home doesn’t get it, they only get the funding given to them by the LA etc.
 

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