Nursing Home Payments.

PasturesNew

pmlindyloo wrote: »

The consensus of opinion is that you are not liable and will not have to pay it back.

I would agree with this, except to point out that the debt would be your mother's, therefore would come out of her estate (savings, belongings).

All her stuff and money are her estate. The estate has to be totalled up and valued. If she has great aunt Mabel's diamond necklace, worth £4k, then the bill would be expected to be paid by selling the necklace.... of course you could buy it, put the money in the estate, settle the debt.

If, on the other hand, her total belongings/cash only add up to £1000 or so then there'd be a shortfall and the rest of her debt would be written off.

pmlindyloo

PasturesNew wrote: »

I would agree with this, except to point out that the debt would be your mother's, therefore would come out of her estate (savings, belongings).

All her stuff and money are her estate. The estate has to be totalled up and valued. If she has great aunt Mabel's diamond necklace, worth £4k, then the bill would be expected to be paid by selling the necklace.... of course you could buy it, put the money in the estate, settle the debt.

If, on the other hand, her total belongings/cash only add up to £1000 or so then there'd be a shortfall and the rest of her debt would be written off.

Did your mother leave a will?

Who is dealing with her estate?

The executor (if there is a will) should be dealing with the estate and should be making a list of her total assets. This can then be used as a defence with Social Services as to how the debt can be repaid or not.

Pollycat

pmlindyloo wrote: »

PS Is DLA/AA payable when you are receiving help with the fees? It isn't payable in a care home. Are there different rules for nursing homes? Thought it was only payable if you were funding your own care.

pmlindyloo
From a Counsel & Care booklet:

The council financial assessment

In most cases, if you are entitled to financial assistance from the local council towards the cost of the care home fees, you have to use all of your income, including Pension Guarantee Credit if you receive it, as a contribution towards the fees. However, some types of income are not included in the council calculation. These include:

• The mobility component of Disability Living Allowance
• The War Pension Scheme mobility supplement
• War Widows special allowance (also referred to as War Widows special payments)
• Some charitable payments
• Pension Savings Disregard

If you receive financial assistance towards the fees from your local council, your Attendance Allowance or Disability Living Allowance care component will stop after you have been in the care home for 28 days.

At present the mobility component of Disability Living Allowance is not included in the financial assessment for care, but it was announced in the comprehensive spending review that the mobility component would be removed from people living in residential care from 2012. However, following representation from a number of charities involved with disability rights, the government has now decided to delay this decision until further review.

So it seems to say that even if you are not self-funding, they can't take DLA mobility from you.

You're right about AA & DLA Care component though.

And from the last para, it sounds like they've had a go at taking DLA Mobility already and probably will try again in the future.

pmlindyloo

Thank you Pollycat.

Naughty Adviceguide is giving the wrong information on their website:

QUOTE

You will not be able to get DLA if you are living permanently in a hospital or in a care home and your local council is helping you with your fees.

Pollycat

pmlindyloo wrote: »

Thank you Pollycat.

Naughty Adviceguide is giving the wrong information on their website:

QUOTE

You will not be able to get DLA if you are living permanently in a hospital or in a care home and your local council is helping you with your fees.

For clarification, here's where I took the quote from (Guide 16, Section 3, page 10):
http://www.counselandcare.org.uk/finding-and-paying-for-a-care-home

To the OP:

My condolences on the death of your Mum.

As someone else has said, this is the last thing you need right now.

It seems a long time from the date your Mum went into the home (July 2010) until she died in August 2011 for it to be on a temporary basis, meaning she was in effect paying for 2 places to live.

Does anyone else know if this is normal, especially when there is nobody else living in the old home?

Who made this decision to keep her on a temporarary basis for almost a year and who made the decision to make it permanent?

PS - any answer to this:

Who was funding your Mum's care?
Local/County Council or Primary Care Trust (if your Mum qualified for Continuing Health Care (CHC)?

What were their reasons for not paying the full allowance?
'In their wisdom' doesn't answer it - they must have stated a reason.

I'm assuming 'they' (whoever was paying your Mum's fees) knew she was still paying bills at her own home when 'they' calculated she would be able to pay the additional £134.
Do you think they did know?

Please don't pay this bill until you're sure that you are liable.

allenmc2311

Everyone,

Thanks for all the advice:) Will go to CAB in next few days.

The thing thats really annoying is that you work hard all your life as both my parents did. Paid their tax and national insurance and still the one time the state was called upon for help they were left wanting.

Perhaps if they had spent their lifes letting the state pay for everything. I wouldnt have this to worry about:mad:

BevieB

When the Local Authority completes a financial assessment they will allow some expenses for a property if place not permanent. Therfore example if income £130pwk they could disregard £30 for electric, CT etc and then they would look at the balance towards her personal contribution. from this they would deduct her personal expenses (pocket money)
DLA (Care) and AA should suspend after 4 weeks of LA funding regardless if temp or permanent. The only change is if customer owns property then after 12 weeks the LA normally takes into account by putting a charge against it. Therefore they are technically self funding and are then able to have DLA care/AA repaid.
Regarding DLA mobility this is normally disregarded by the LA and is currently payable if funded by LA or self.
Hope this helps.
If your mum was renting property (If she was claiming Housing Benefit) I am suprised that the LA paid rent for such a long time.