Top Up Fees and who can pay them?

[Pete R]

My long list of battles with LA,SW's and NHS over Mom's care has now reached Top up fee payments.

I am still awaiting an appeal decision on a discretionary disregard and the LA are continuing as if that has been declined. I intend to still be living in Mom's house in 6 years time when I reach 60 so if nothing changes it will then be disregarded.

I have refused to sign the form stating I will pay the top up direct to the home. Firstly because I asked if Mom could pay them herself and SW said "NO". Then secondly because IF I do agree to pay the top up I would rather the LA pay the home and the LA bill me. That also got a "NO" but less emphatic than the first.

I do not think the SW is correct on either although doing a search on here with regard to the first most people say Mom cannot top up herself. Any thoughts?

I am still awaiting a list of homes that fall within the LA budget but am more than happy with the NH she is in now and will happily pay the £30/week extra if needs be.

 

[jenniferpa]

Your mother cannot pay the top up herself (except in a set of very limited circumstances when a person is being funded by the LA but waiting for property to sell, basically). I think it is perfectly reasonable for the home to bill the LA and for them to bill you. In fact, CRAG 11.010 says, in part,

Councils must contract to pay the full cost of the accommodation, including the top up.

Mind you it then goes on to say

The third party can, by agreement with all parties, pay the top up direct to the accommodation on behalf of the resident but even where there is such an agreement the council continues to be liable to pay the full costs of the accommodation should either the resident or the third party fail to pay the required amount.

But I think you're on firm ground with this request.

 

[Pete R]

Thanks Jenniferpa,
I was fairly sure that the SW had got the second part wrong and as you point out CRAG is fairly clear on it.

Your mother cannot pay the top up herself (except in a set of very limited circumstances when a person is being funded by the LA but waiting for property to sell, basically).

This is where I am unsure of what CRAG is saying.
In 11.011 it says "a resident may top-up from his own resources as listed below only if they and the LA have made a deferred payments agreement or the resident is subject to the 12-weeks property disregard. "

With regard to the "12 weeks" the top up effectively comes out of the Lower Capital Limit, currently £14250, without affecting any tariff income.

In my circumstances if Mom's property is NOT disregarded then there will be a differed payment scheme on her house for 6 years and it appears that during, and then after, that time any top up can also be deferred.

However if Mom's house IS disregarded there will be no deferred payment scheme in place so will I be able to start one to specifically pay the top up?