The Home needs its money

Hello Everybody

It's always good to share in this space.
I have posted two threads about our battle against the PCT which first tried to invalidate our mother's will, which leaves half the home to us children under a tenancy in common. They backed down. They are now claiming the the house is empty and want us to sell. We are arguing that it is not empty. It is fully furnished with all utilities 'switched on'. Plus I am a regular tenant travelling from Finland to be with my father staying in an EMI unit.
My previous two threads are here
First thread Second thread

We are getting a monthly statement from the Home for their money. This of course is fair but our dilemma is that our father's money (half the house) is locked in this process between the PCT and our lawyer. We have also recently got our father assessed for fully funded continuing care and must wait on the decision which will take up to 3 months.

The Home's statement to date is just under £23.000. This is the background and my question is related to a comment in the letter from the Home manager.

"I am also aware that Continuing Care funding has been applied for and we should have a result on this shortly. If approved Mr XXXXX will be solely funded by the P.C.T. from the date of the assessment. This is then reviewed on a regular basis"

Is it always so that funding starts at the date of assessment or is there any precedent which shows that the date of assessment isn't the date of health care needs and in fact it could be back dated?

Thank you for reading this

Brian
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Hi there.

You're in a difficult position. Having searched around the internet (as I'm sure you've already done) the only things I can find either relate to Scotland or are position papers. The implication of the latter (which refer to backdating payments to the point of eligibility in the case of delayed assessments) imply that what you have been told is true: payments are made from the date of assessment. This is in contrast to the RNCC assessment for nursing care, which explicity states that payments are made from the point of eligibility.

I am assuming that your father has never before been considered for CC. If he had been, then there is a framework for retrospective payment should a review concluded that he had been improperly denied.

The sticky point is if he should have been assessed but never was: there is a lot of information from various parliamentary commissions indicating that this happens, but no way as yet to obtain redress.

Jennifer