What can the personal allowance and PIP mobility payments be used for when the recipient is in a care home

[purple cat]

Hi All, My husband (58) has been self funding in residential care with bvFTD for the last 2.5 years. His savings have just dropped below the upper threshold and so we have approached our local ACS for help with funding. I know that he will be allowed a weekly personal allowance along with the mobility component of PIP. I have been told that if he (or I as I hold POA) doesn't spend this money it will accumulate and be added to his savings which will then take us back over the threshold, so will then have to self fund for a month so his savings droop back again. My question is this: is there restrictions on what this can be spent on? In the lettter they sent me it says that this money will be disregarded unless it accumulates. I can't see how the money can be spent solely on his needs as it would only be clothes, TV licence, barbers, basic toiletries. that he would need. We are so near the threshold that it will only take a few hundred £s to take us back over the limit. Can I also use this money to pay for household bills, pets, children at university etc? Any advise or experiences will be gratefully received. Thanks

 

[Jessbow]

I dont think that when you are council funded, you can continue to claim PIP.

 

[canary]

I dont think that when you are council funded, you can continue to claim PIP.

Attendance Allowance will stop, but I believe that with PIP, although the Daily Living Allowance stops the Mobility component continues.

@purple cat - I think that you are not allowed to use it for things like your bills. It has to be used for things for his benefit. Have you considered taking out a funeral pre-payment? I dont mean one of those plans where you pay a small amount each week, I mean where you pay the funeral directors for the whole lot up front. This will reduce his assets by several thousand pounds and is not considered Deprivation of Assets. It will also be easier when he passes (sorry if that is insensitive)

 

[Jaded'n'faded]

I'd say draw it out and spend it. On your husband of course... anything else would be somewhat dishonest, wouldn't it? If it was me I would just do it. It's money your husband is entitled to, albeit a pittance, so don't give it away to the council...

But @canary 's funeral plan suggestion might solve the issue for you.

 

[purple cat]

Attendance Allowance will stop, but I believe that with PIP, although the Daily Living Allowance stops the Mobility component continues.

@purple cat - I think that you are not allowed to use it for things like your bills. It has to be used for things for his benefit. Have you considered taking out a funeral pre-payment? I dont mean one of those plans where you pay a small amount each week, I mean where you pay the funeral directors for the whole lot up front. This will reduce his assets by several thousand pounds and is not considered Deprivation of Assets. It will also be easier when he passes (sorry if that is insensitive)

Hi Canary, yes, his daily living component will stop, but he does still get the mobility component. I like the idea of the funeral pre-payment, not insensitive at all. A very practical suggestion, certainly would make things a little easier when the time comes. Thankyou. I will look into that

 

[purple cat]

I'd say draw it out and spend it. On your husband of course... anything else would be somewhat dishonest, wouldn't it? If it was me I would just do it. It's money your husband is entitled to, albeit a pittance, so don't give it away to the council...

But @canary 's funeral plan suggestion might solve the issue for you.

Problem is that how do I spend over £4000 on him which is what it would be over the year? we have never really been big spenders, Clothes which consist of joggers, shorts , t-shirts and hoodies, toiletries, barbers etc, but that doesn't add up to much. He is now non-verbal and just spends his days walking up and down the corridors of his care home and constantly eats. I still keep up with the charitable payments that he had set up before he developed his dementia and wondered if it would be acceptable to up those regular donations a bit.

 

[canary]

I still keep up with the charitable payments that he had set up before he developed his dementia and wondered if it would be acceptable to up those regular donations a bit.

Giving money away using POA is very much a grey area and can be a mine-field. If it is something that has been a regular occurrence before dementia then this is usually acceptable (depending on the amount) and presumably these donations were known by the LA when he had his financial assessment and were considered OK. Starting regular donations in order to reduce assets is not OK, though.

Is there something that you could pay for a regular basis that he might enjoy? Someone taking him out somewhere maybe? Or speak to the manager about something in the care home that would benefit him and he could fund. Musician coming into the care home? A piece of equipment?

 

[MartinWL]

Does he own a half share of your house? If so, maintenance work might be funded on the fabric and infrastructure of the building.

 

[purple cat]

Giving money away using POA is very much a grey area and can be a mine-field. If it is something that has been a regular occurrence before dementia then this is usually acceptable (depending on the amount) and presumably these donations were known by the LA when he had his financial assessment and were considered OK. Starting regular donations in order to reduce assets is not OK, though.

Is there something that you could pay for a regular basis that he might enjoy? Someone taking him out somewhere maybe? Or speak to the manager about something in the care home that would benefit him and he could fund. Musician coming into the care home? A piece of equipment?

He had set up a DD to Greenpeace many years ago, so that shouldn't be a problem. And yes that was clear to see at the time of his assessment.
I have already started to look into the funeral plan option as I think this is a very practical idea as well as serving the purpose of disposing of Andy's income in a legitimate way.
I also spoke to his care home who said they will have a think if there is anything that he could benefit from, plus I will set up a regular payment to the Home for Andy's personal use, such as haircuts, chriopodist visits etc.
I was also hoping that I maybe able to use some of it to help support our son who is at Uni. The Student Loans company take into account of all of Andy's income (ie work pension etc) as well as mine when calculating how much maintenance loan he gets, so surely it must be acceptable to use some of Andy's money to support our son as that is what the Student Loans company expect us to do.
As far as I can tell it says that the PEA can be spent however the recipient wishes, but I guess the issue that is that as he lacks mental capacity I have to make those decisions and have to be seen acting in his best interest, even though I know that he would wish to support our son.
The bigger issue is the mobility component of PIP. As I have been told by the council that this is totally disregarded, unless it ends up in his savings, I am hoping I can dispose of this part of his income as if it were the same as his PEA.
He doesn't really need it for any mobility issues as he doesn't leave the care home, doesn't need any assistance in terms of mobility, but even if we didn't claim it, they would count it as notional income as he qualifies for it.
All this now, then it all gets messed up come October next year when the new social care stuff comes in!!!

 

[purple cat]

Does he own a half share of your house? If so, maintenance work might be funded on the fabric and infrastructure of the building.

Yes we have joint ownership of the house I am still living in. Didn't know if it was allowed to be used towards monthly mortgage repayments. There are a few maintenance jobs that need doing about the house, new Fence in the garden, and some new plumbing required.

 

[MartinWL]

Yes we have joint ownership of the house I am still living in. Didn't know if it was allowed to be used towards monthly mortgage repayments. There are a few maintenance jobs that need doing about the house, new Fence in the garden, and some new plumbing required.

Ok so the fence is 50% his so I don't see why he should not pay 50% of the cost of repairs. Not sure about the mortgage but it seems a liability of his, 50%. You can't use it for things like replacing the washing machine that he will not use.