Top up payments (again)

[imnotloony]

Sorry if this is rearing it's ugly head again, but I need something clarifying. Mum has been in a CH for 8 weeks. We were told before she went in that because she owned property, she would be entitled to the 12-week disregard (when LH pay first 12 weeks of care). She had been living with OH and I for last 4 years or so, which the Local Authority knew. It seems that they mis-informed us, as the 12-week disregard doesn't apply if the person hasn't been living their just prior to moving into the CH. Initially, we were sent a bill for the full amount, but thankfully, LA have now backed down and said that they will pay for the first 12 weeks, £440.30. Full cost is £550 for her room. We decided that she should go straight into a private room(£550/wk) as it has en-suite bathroom which she needs for going to loo in the night - she'd never have found her way to bathroom in corridor. Also, I felt that it would have been too unsettling to move her after 12 weeks from an LA room to a private room, so we agreed to pay the extra £110/week. (We have agreed to self-fund once the 12 weeks has elapsed, so thankfully the LA will be out of the picture)

LA are now saying that they won't pay the full £440.30/week, but we (or Mum)will have to pay a top up. I know I have read somewhere on here that we are not legally obliged to pay top -ups, but afraid having trawled thorough a number of old posts, I can't find the exact information. If someone would kindly point me in the right direction, I would be very grateful.

 

[jenniferpa]

I'm finding it difficult to work out what has gone on here. If your mother is self-funding then top-ups don't come into it, so I'm assuming you are talking about the 12 week period. You do understand that when people talk about the 12 week disregard, it's not a complete disregard, in that the person going into the home is required to reimburse the LA with whatever pensions they may have, less the £23 personal expense allowance?

So if the home cost £550, the LA would normally pay £440, and your mother had pensions of £223 a week, then the LA would only be paying £220 net.

 

[pippop1]

So it's a temporary disregard for 12 weeks. Like putting it on the credit card!

 

[imnotloony]

Sorry if I didn't make the situation totally clear. Yes, after 12 weeks it will be self-funded.It's just during the first 12 weeks where the LA is helping that I'm enquiring about. The question really is do we have to pay any top-up, as I remember seeing somewhere here that are illegal and the LA shouldn't charge for them? Obviously we don't want to pay any charges we don't have to, as funds are limited ( I'm not working, as have only just stopped being my Mum's carer, and OH is just about to get his pension. Mum only has her pension as income. There is some rent coming in from her house, but most of it is being used on repairs, upkeep of the property, etc.

 

[jenniferpa]

I'm still not clear what is the top-up in this situation. I'm assuming you're not talking about the extra £110 a week for the ensuite room but some other amount. How much have the LA said they are prepared to pay? How much over and above her pensions and the £110 are they asking you to pay?

If you are talking about the £110, then that's perfectly legal since it was your choice to have an upgraded room.