Assessed Weekly Charge for Residential Care

ConfusedDep

I am hoping someone can help as I just want to be sure of the correct situation. Apologies for the long post.

In brief I am a deputy (financial) appointed by the court of protection after a protracted family dispute.

There was an enduring joint power in place that fell apart very quickly after it was set up. During this time and the time of my appointment approximately 2 years later the person for whom I am now acting had no access to there money so unless it was paid via direct debit all other bills were paid by two other persons (one being myself). For the majority of this time they were living at home.

Before I was appointed the person for whom I was acting was taken into care at the beginning of 2009. One of the joint parties to the power handed over a bank statement which obviously showed a high cash balance as many day to day living costs were being paid by myself and one other person.

With regards to the Assessed Weekly Charge for Residential Care as the person I am acting as deputy for has property to sell Social services have been paying the care home fees. They are now asking for payment of the amount not deferred and have received no payment to date.

If the money owed had been paid then the amount in the bank account would be under the capital limits to have the value of the property disregarded.

Is there anything I can do as the Assessment Officer seems unwilling to consider these unusual circumstances. I am not sure if this is because they don't want to or they cannot.

Thanks in advance

Torry_Quine

ConfusedDep wrote: »

If the money owed had been paid then the amount in the bank account would be under the capital limits to have the value of the property disregarded.

Thanks in advance

It's the value of the property and money together which is counted and so even if the bank account had been lower there would still be deemed to be money there to pay for Care home fees.

alwaysonthego_2

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monkeyspanner

Torry_Quine wrote: »

It's the value of the property and money together which is counted and so even if the bank account had been lower there would still be deemed to be money there to pay for Care home fees.

The value of savings plus property would as you say be assessed except if there was a 12 week disregard period agreed. If this was the case the property value would be disregarded for the first 12 weeks of residence in the care home.

monkeyspanner

DrDolittle wrote: »

I'll tag a question here.

Would someone self-funding paying nursing rate fees be entitled to the nursing element that the homes reclaim AND attendance allowance? Or would the attendance allowance stop?

I am hoping this fact sheet might answer your question.
http://www.ageuk.org.uk/Documents/EN-GB/FS20NHSContinuingCareNHSfundednursingcareSept2009%20-%20AM062_fcs.pdf?dtrk=true

I know that attendance allowance stops 28days after receipt of NHS continuing healthcare funding or if the council are assisting with fees. Not sure about the nursing element which is paid direct to the Care home. Haven't been much help I'm afraid.

ConfusedDep

monkeyspanner wrote: »

The value of savings plus property would as you say be assessed except if there was a 12 week disregard period agreed. If this was the case the property value would be disregarded for the first 12 weeks of residence in the care home.

That was my understanding but the lady I deal with at the Council does not share the same opinion. She seems to think that because the amount in the bank at the date of her assessment it does not apply even if the money was clearly owed.

I can and have offered to show bank statements for the two years previously clearly showing only direct debits had been paid and nothing else going out of the account and have offered to provide the receipts and a list showing the amount owed but she seems unwilling to even consider it. I was not appointed by the court until six months later which seems to have made matters worse due to the time lapse.

monkeyspanner

ConfusedDep wrote: »

That was my understanding but the lady I deal with at the Council does not share the same opinion. She seems to think that because the amount in the bank at the date of her assessment it does not apply even if the money was clearly owed.

I can and have offered to show bank statements for the two years previously clearly showing only direct debits had been paid and nothing else going out of the account and have offered to provide the receipts and a list showing the amount owed but she seems unwilling to even consider it. I was not appointed by the court until six months later which seems to have made matters worse due to the time lapse.

So the account balance was over the savings limit but would not have been if outstanding invoices have been paid?

If this is the case I would ask about their appeal proceedure. In this circumstance I would have thought it reasonable to deduct any money owed from the savings amount.

One point I would raise here is that I have heard that some councils will not consider allowing the 12 week disregard retrospectively and that it has to be applied for prior to the person entering care. However if the person you are representing did not have adequate financial management support then the council are discriminating against the client because they were unable to manage their financial affairs themselves. I would have thought in this circumstance at least some responsibility would fall back on the Social Services for failing to adequately manage the client wefare.

The financial assessment for the 12 week period is as it would be for a council supported client i.e. all income including state pension is used against the fees except for a small weekly allowance of about £20. Attendance allowance is also deducted in the assessment I believe. So although a significant about of money over the 12 weeks it would be reduced by around £150 per week for assessed income.

I do recall that when my MIL was paying her notice period in sheltered housing during the 12 week assessment period this was not allowed as an expense by the council in the assessment.

If you would like more info on these points you could also contact
www.counselandcare.org.uk
www.careuk.com

Hope this helps.

ConfusedDep

Thanks monkeyspanner

I think I am just going to have to stick to my guns on this one, the lady I deal with at the council is not the easiest person to deal with, she does not seem to have a full grip on what happened within the family. Council policy apparently is that if there is an enduring power of attorney that says it must be enacted jointly then that is sufficient to only speak to one person.

They did keep writing to the previous attorney and quoting data protection as to why they could not give me the information I need, despite being provided with the court order that removed the previous attorneys and appointed me as deputy. When I threatened to do an official complaint she just stopped talking to me full stop. They still haven't managed to give me a full copy of the breakdown as to how they have come up with the figures and I just say I cannot and will not pay without it.

Ho hum will make an appointment to go in and see her I think.

Thanks again

monkeyspanner

Make a complaint and they refuse to talk to you. That sound familiar!

fredsnail

DrDolittle wrote: »

I'll tag a question here.

Would someone self-funding paying nursing rate fees be entitled to the nursing element that the homes reclaim AND attendance allowance? Or would the attendance allowance stop?

Grandad receives attendance allowance and is self funding. His home also claim the nursing element for him.

Hope that helps.

Savvy_Sue

Have you put the complaint in yet? that sometimes ensures that stops are pulled out ...