Care Home Spotlight
SPOTLIGHT ON NEEDING A CARE PLACEMENT OR CARE IN THE HOME.
When a loved one needs care many families find the process daunting and complex.
Choosing a care home or arranging full time care at home and how it will be financed is an important decision. Financial assessments, mandatory disregards, deferred payment agreements, deprivation of assets and NHS continuing healthcare are some of the topics you may encounter.
You may need help and guidance during this process and this is best achieved at the start of the journey so you may understand the potential pitfalls and issues.
FUNDING
If a person has assessable capital over £23,250 then they must fund their own care. If the capital falls below this amount but is more than £14,250 they will be treated as having ‘tariff income’. They will contribute £1 per week to the cost of care for every £250 of capital they have. This is in addition to their income payments. When their capital falls below £14,250 then no contribution other than income is made.
Have you planned for your future care?
MANDATORY DISREGARD OF CAPITAL
There is a long list of capital that the local authority should not take into account when conducting the financial assessment. Life insurance bonds, council tax rebates and some payments relevant to person injuries that are held in Trust are just some examples.
In addition, some assets are disregarded from assessment for 12,26 or 52 weeks.
If a relative lives in the property whilst the other needs care then the property should be disregarded if the relative is a spouse, partner or former partner (but not estranged); In addition;
• It is the relatives main home
• It has been continuosly occupied in part or whole by that relative and
• The arrangements must have been in place before the resident went into a care home.
‘TOP UPS’ OF CARE FEES
This is the difference between local authority contributions, residents income and the cost of the care home. The local authority has a duty to find a home that does not require a top up payment. The top up must be paid to the local authority and not the care home. It is possible to argue a ‘need’ for a more expensive home and be awarded an enhanced contribution from the local authority.
DEPRIVATION OF ASSETS
Care must be taking in giving your assets away to family members especially if it is inevitable that you will need future care. Timing and motivation are key indicators when looking at deprivation situations. Ligitimate inheritance tax planning and other gifts need consideration and advice.
NHS CONTINUING HEATHCARE
If the provision of care is more heath care than social care and that the level of care required is complex, intense and unpredictable then you may qualify for NHS continuing healthcare. The is a rigorous administrative process in the form of a decision making tool and marking system and series of appeal stages. It is a difficult, lengthy process often daunting and emotionally draining. I recommend assistance from the outset.
CARE AT HOME
There are differences in assessment and treatment of income if care is to be provided at home. If you are told the following, they are blanket policies and unlawful and will need to be challenged;
• We do not pay for 24/7 care at home, you might need to move into a care home,
• We never provide care during the night,
• The maximum we offer is 4 care visits a day.
• It is too risky for you to stay at home.
LASTING POWERS OF ATTORNEY
It is vitally important to ensure that both property and finance and health and welfare Lasting Powers of Attorney are in place in order to assist a love one with their journey in later life if mental capacity is lost. If you do not have these in place you will not be able to assist your loved one. Please see the Office of Public Guardian website for further information.
This is just an overview of potential situations, terminology and experiences you may have. This information is not intended to be relied upon as legal advice and you must seek professional assistance at all times.
CONTACT US
07890 519826
ac@amandacoates-solicitor.co.uk
www.amandacoates-solicitor.co.uk
...