Council reclaiming care contributions after a death

Jones80

Hi,

My granddad was was receiving home care, organised through the social worker for the last 4 years or so.

He recently passed away and in summary, my nan is now being asked to pay outstanding fee contributions due to my granddad having over the threshold in savings (by about 8k). This was previously never assessed by the council until after death. Well, it was about a year ago and we sent a letter back saying we did not have all the details until a deputyship came through - they never wrote back.

Can they do this if my granddad never signed a contract with them in the first place?

Also, what would the maximum amount of years they can back date contributions be?

Many thanks

rogerblack

I am unfamiliar with the exact benefit in question.
In general, for means-tested benefits, you are asked at the outset of the claim what savings you have. These may then affect the claim.
If you do not declare these, or your savings rise over the limit, then it may reduce the amount of benefit payable.

They can reduce any means-tested benefits over the entire period that capital was over the limit.

They are not backdating it as such.
They are correcting the payment due to incorrect information supplied at the time.
They can go back any number of years.

nannytone_2

i think the OP is talking about co funding of the grandfathers care package.
all LA's work out how much and under which circumstances, a client has to contribute towards the care they receive.
my council take 60& of DLA/PIP/AA care ( only middle rate DLA/lower rate PIP/AA)
savings also affect the contributions, with a total cut of of all funding with savings over 52k.

OP ... your grandfather would have signed something when the care started, and would have had a financial assessment regarding co funding. if savings were not declared at this time, then he would have been incorrectly assessed and his estate will need to repay the overpayment.

rogerblack

nannytone wrote: »

and his estate will need to repay the overpayment.

If the grandmother was an appointee, then they may also be jointly liable for any overpayment - even if the grandfathers estate does not cover it.