Why does a care home not reduce fees if you get FNC?

Max68

Registered User
Aug 21, 2018
178
0
Sussex
Apologies if there are other threads on this but I am just trying to find a definitive answer to my mothers situation.

Basically mum has been in care with dementia since 2019. Later last year a friend mentioned to me that a friend of his had applied for CHC for her father and it wasn't means tested etc etc. I spoke to mum's care home and they set up an assessment. Bit surprised they never mentioned this in a review previously but that's another story. The upshot was mum wasn't eligible for CHC but did qualify for FNC. She is entitled to £209.19 per week that is paid directly to the nursing home. All good and that's where I left it.

It came up in conversation with my cousin over the weekend and my cousin asked if they had taken that £209.19 per week off my mum's bill. The answer is no, and to be honest I had never thought about it, but when I did think about it I found it quite bizarre. The home charged mum £****since she has been in the home, obviously with general increases in April 2021 and April 2022 and hadn't mentioned CHC to me. So on the basis of me suggesting if mum could have an assessment the home now receives around £836.76 extra per month. Whilst mum's invoice isn't itemised, maybe I should ask for that, it is described as "To NURSING fees due in respect of". The contract, whilst again not itemising exactly what you are paying for states "Private nursing fees are quoted gross excluding funded nursing care and are required to be paid gross by the resident. The funded nursing care element is paid to the care home from the Primary Care Trust (PCT). For all Nursing Home Residents the care home arranges for the PCT to visit the home to carry out an assessment of nursing needs. Following the assessment later the home and the Resident are informed by the PCT as to the Residents eligibility for nursing contribution."

I contacted both the CA and Age Concern who advised I contacted the authority. The authority finance team called and felt that the now extra funds should be taken off mum's bill but couldn't categorically state for sure and he even said the homes T's and C's so to speak didn't clarify. My cousin then called to say she had spoken to a solicitor where she works and the solicitor stated that the funds are paid to the care home and then it's "at their discretion" as to whether pass it on to the resident, and apparently more homes are tending not to pass it on now.

Now forgive me if I have missed something but why is this the case? If I hadn't mentioned this to the home then chances are they wouldn't have mentioned it to me by now and mum would still be paying £XYZ for exactly the same care as she is receiving now for £XYZ the only difference being is that the home are receiving an extra £209.19 per week. They never came to us and said your mum needs extra care so we need to charge her extra, but we can ask for an assessment to see if she qualifies for FNC. So in a nutshell it seems to me the home is being paid twice for mum's nursing care, once by mum and now by the authority.

I am just wondering why this isn't passed on in the form of a reduction to the residents bill and was hoping that someone would be able to explain why because £800 odd quid is an awful lot of money. Thank you.
 

Bod

Registered User
Aug 30, 2013
2,003
0
I suppose what happened is better than "We need another £800 a month for Mother's Care".

Bod
 

Max68

Registered User
Aug 21, 2018
178
0
Sussex
I suppose what happened is better than "We need another £800 a month for Mother's Care".

Bod
Yep that's true, just intrigued that there aren't any official guidelines, plus the fact that it wasn't the home that instigated the assessment.
 

Dirge

Registered User
Dec 20, 2022
45
0
Thanks for writing about your experience, I've been following the forums on here for a while but have never registered until now. I have the Full Assessment meeting coming up for my mother having achieved a positive 1st stage assessment and this frankly amazes me. I took the gamble on engaging a specialist company at considerable cost having been turned down some years ago when the process was instigated by Social Services and to think that I could have paid out all this money just for the home to receive the benefit is shocking.
 

Max68

Registered User
Aug 21, 2018
178
0
Sussex
I certainly don't have an issue with the care home receiving the benefit. My main two issues are - 1. The home never suggested any assessment, until I brought it up, so chances are 6 months later mum would still be receiving the same care and paying the same amount than she did pre assessment. Now the home is receiving £800 extra but it's not been passed on in a way of deduction in fees. 2- How do we know that this £800 per month is being spent on mum? There is no breakdown of what "extra" she is receiving.

Bod, makes a valid point above but my issue is that was never put to me. If the home had said your mum needs extra care and it will cost £800 per month extra BUT we can get an assessment and claim that £800, then fair enough, but taking the incontinence "premium" as an example, they were providing mum with incontinence pads anyway so it's not like they have just started doing that now. The home fees suggest nursing care is paid anyway so now they are receiving £800 extra and mum is still paying for nursing fees as well.
 

Andy54

Registered User
Sep 24, 2020
248
0
I think I would ask the care home (in writing) for a breakdown of the charges which shows where the additional funds are being spent.
 

Guzelle

Registered User
Aug 27, 2016
426
0
Sheffield
I had this situation my husband was assessed for funded nursing care and was
Given the funding but nothing came off the invoices . I fought for it and eventually got it refunded. It took 6 months. But it went up in April and they haven’t refunded the increase . My husband died in October and I am with holding my last invoice until it’s sorted. My husband’s home cost over £900 so without the funding it would be over £1100. The money comes from the NHS and should be taken off the invoice . They are being paid twice for the nursing care if not.
 

Guzelle

Registered User
Aug 27, 2016
426
0
Sheffield
If you live at home and given funded nursing care you will get NHS nurses in your home that you don’t have to pay for. You shouldn’t be paying the home for the nursing care if you receive FNC.
 

nitram

Registered User
Apr 6, 2011
30,738
0
Bury
If you live at home and given funded nursing care you will get NHS nurses in your home
FNC can only be paid direct to a nursing home, it cannot be awarded to somebody living at home who will have to rely on the community nursing service as does anybody in a residential home.

CHC can be awarded for living at home in which case free nursing in excess of normal community nursing is provided and, unlike in residential/nursing care, AA is not for forfeited.
 

Guzelle

Registered User
Aug 27, 2016
426
0
Sheffield
I have received the funded nursing care increase in full from the nursing home. They also invoiced for an extra week after he died even though i cleared the room within 5 days.
They have taken that off the invoice aswell after I complained. They reduced the final
Invoice by over £1500. I refused to pay it until it was adjusted.
 

GordonCambs

Registered User
Sep 20, 2020
19
0
The FNC was itemised as a credit against the fees an the monthly invoice. If you get that (I thought it was in Scotland only) you don't get Attendence Allowance. If they are not passing it on, maybe you could "unclaim" it and try for attendance allowance.
The care home system of invoicing was bizarre, but I followed it through, and they were accurate.
 

Max68

Registered User
Aug 21, 2018
178
0
Sussex
Mum is on attendance allowance., Interesting this is on www.trustedcare.co.uk

Can I claim Attendance Allowance if I have been awarded Funded Nursing Care (FNC)?​

Yes. If you have been awarded FNC you are still eligible for Attendance Allowance if you are privately funding your care.

If your Attendance Allowance is stopped after you begin receiving FNC payments then contact the Department for Work & Pensions (DWP). Occasionally FNC payments are confused with Continuing Healthcare (CHC) payments & this results in your Attendance Allowance payments being stopped. Once you have clarified with the DWP that you are in receipt of FNC not CHC your Attendance Allowance will be reinstated.
 

GordonCambs

Registered User
Sep 20, 2020
19
0
Mum is on attendance allowance., Interesting this is on www.trustedcare.co.uk

Can I claim Attendance Allowance if I have been awarded Funded Nursing Care (FNC)?​

Yes. If you have been awarded FNC you are still eligible for Attendance Allowance if you are privately funding your care.

If your Attendance Allowance is stopped after you begin receiving FNC payments then contact the Department for Work & Pensions (DWP). Occasionally FNC payments are confused with Continuing Healthcare (CHC) payments & this results in your Attendance Allowance payments being stopped. Once you have clarified with the DWP that you are in receipt of FNC not CHC your Attendance Allowance will be reinstated.
Thanks I did that today. My Mum passed away a few months ago but they did confirm she should have received Attendance Allowance in addition to FNC as she was self funding and said they would raise a query on why it was stopped. I wil try to claim it back, acting as an executor. She went into care at the start of lockdown so that whole system was a mess as the staff transitioned to working from home/furlough
 

Hours Away

Registered User
Jul 16, 2021
97
0
@GordonCambs - there is conflicting Scotland specific info here https://www.carehome.co.uk/advice/nhs-funded-nursing-care-fnc-eligibility-and-rates
"FNC does not affect your entitlement to any other benefits except if you are in Scotland and receive a personal care allowance. If this is the case, you will not be entitled to Attendance Allowance,.. after the first 4 weeks"
My understanding was that in Scotland you have to stop claiming Attendance Allowance if you are self funding in a care home and the council are paying the care home the £212.85/week personal care payment. If needs are greater and they also start paying an additional £95.80/week for nursing care I didn't think you could then restart Attendance Allowance.
Not sure how different care homes invoice (ie whether some automatically net off either or both council payments on their invoice, or only do so once payments have actually commenced, some may just bill a fixed day rate excluding these payments) and how promptly councils are doing their initial assessments but I believe it's possible that there can be a delay between care home admission and the council doing their initial assessment visit and commencing payment from that day so Attendance Allowance payments could perhaps continue until 4 weeks after their assessment date.
 

Max68

Registered User
Aug 21, 2018
178
0
Sussex
Re England and Attendance Allowance, after failing to find a black and white answer anywhere I contacted the DWP themselves and even they weren't sure!! After the advisor contacted their manager she came back to say that "yes" mum is still entitled to Attendance Allowance if in receipt of Funded Nursing Care but not entitled if in receipt of CHC. The advisor didn't sound convincing so I asked if she could forward this in writing so I have proof just in case they change their mind in the future. She couldn't do that but assured me that all phone calls are recorded, so I took her name, her managers name and made a note of time and date of call just in case!!

Re whether the home should deduct the FNC Premium from mum's bill, oh dear it's such a grey area is is staggering to the point of criminal.

I called the Relative and Residents Association and they admitted it is a shambles with thousands asking the same thing but there isn't any law behind it and that they are pushing for some straight and easy to understand legislation. The Competition and Markets Authority were most helpful suggesting that the Local Government & Social Care Ombudsman as per my link in an above post suggests that it is "Best Practice" that a home refunds or deducts the FNC Premium. Especially in cases like my mum's where it seems clear on Contract, Invoices and Welcome Letter that mum, prior to Assessment was paying for Nursing Care.

The Competition and Markets Authority especially can get involved but only once I get a reply from the home as to why they haven't done this. So I have been advised to send them a letter asking why the premium hasn't been deducted and for a full breakdown of fees. There is no way around not approaching the home, which is awkward to say the least when you have a decent relationship with them. Having said that I am POA for mum's finances and it's my responsibility that her best interests are at heart when it comes to her finances, so if the home is taking pretty much £800 a month and not refunding it and they are wrong in doing that then I have to do something., The problem is there is no 100% way to know if they are wrong in doing that without asking then going for further advice with the reply.

So a list of all I have contacted in case others are in a similar position are -

NHS All Age Continuing Care themselves - Not much help with this issue.
Care Quality Commission - In the dark themselves
Competition & Markets Authority - Good but won't get involved until you contact the home.
Relatives & Residents Association - Good but frustrated themselves by the current legislation, or lack of it.
Local Government & Social Care Ombudsman - In the dark themselves.
Independent Age - Have phone appt next week.
National CAB - No use at all with this issue..
Local CAB - No use at all with this issue.
Age UK - No use at all with this issue.
DWP - AA contact only.

Hope this helps as you can avoid wasting time with those who can't help. Would say first point of call would be Competition & Markets Authority on the advice I have so far received.

Regardless of the outcome I am going to contact my MP. It's quite ridiculous that in two subjects that are very important I have spent practically three days on the phone and no-one knows!! How can a home take an extra £800 after an Assessment and the best answer you can get from organisations who "should know" is oh well some do and some don't. If one Energy company handed you the Government rebate but another didn't it would become a legal issue , you wouldn't put up with that. A law needs to be made or at least clear and precise legislation that a relative could easily find at the push of a button.
 

GordonCambs

Registered User
Sep 20, 2020
19
0
@Max68 Good work! I followed the link suggestyed by @Hoursaway on Attendance Allowance and FNC

@GordonCambs - there is conflicting Scotland specific info here https://www.carehome.co.uk/advice/nhs-funded-nursing-care-fnc-eligibility-and-rates

Your observation that this isn't well understood makes me dubious about the statememt here that you stop getting AA in Scotland if you get FNC. lots of uncertainty about this, so how do they know?
My understanding (from the DWP website) is that AA isn't means tested so shouldn't be affected by any other allowances no matter where that comes from
Also, the DWP state pension (and AA) comes from Westminster so should be the same throughout the UK.

I will post back how I get on with my query about why my Mum's AA stopped.

On the FNC and care home fees, the same link suggests that it depends on the contract and if the weekly fees include a deduction for FNC, but since not everybody gets FNC, their published fees can't take that into account.
On the monthly invoice (I am surprised that everybody doesn't seem to get one of these, especially considering the amount on money involved) there was a credit line item for FNC at £300 ish per week.
That was a big care home group and I'm sure they know the rules.

I could be wrong about this so happy for others to share their experiences