Over 60 resident relative. How to avoid losing the family home to care home fees

nigelbb

xylophone wrote: »

The guidance merely indicates (see bold) - no need to be a dependant.

.... the value should be disregarded from the financial assessment if you no longer occupy the home but it is still occupied, in part or whole, as their main or only home by:

a relative of yours, or member of your family, who is:
 aged 60 or over, or
 a child of yours aged under 18, or  ‘incapacitated’.
They must have been occupying the property before you went into the care home. The disregard lasts until this changes, at which time it may be included in the financial assessment.

However, in the particular case of the OP, I think that the LA would be inclined to examine the circumstances very carefully for what is described later in the factsheet 38 as

move solely to protect a family inheritance (where a relative moves in after an owner has entered care).

That is why I advised the OP to move in before they put their mother in a care home.

Mojisola

AnotherJoe wrote: »

Isn't that what segovia is saying? If you have the private funds they will take you?

And ?obviously? if you dont have the funds, they wont take you.

No - some homes take council-funded residents at the council rate but self-funders pay a higher rate.

antrobus

Brynsam wrote: »

Just living with her doesn't make you a dependent. Expect the council to take a cynical view of someone who moves in with the obvious intent (given your mother's age/state of health) of frustrating the sale of the property and claiming dependency. Very unlikely to work.

AgeUK says this;

The value of the older person’s home will be taken into
account in the financial assessment unless their spouse, civil
partner or partner, or another relative who is either 60 or
over or has a disability lives there.

https://www.ageuk.org.uk/globalassets/age-uk/documents/information-guides/ageukig06_care_homes_inf.pdf

Simply being over 60 and a relative will do. No dependency required

antrobus

nigelbb wrote: »

That is why I advised the OP to move in before they put their mother in a care home.

Yup. Move in. Get your name on the electoral roll there, Change address with the bank etc. Notify LA that single person discount for CT no longer applies. Etc,

Whatever care requirements the mother needs can be sorted out as and when.

MightyWhitey

antrobus wrote: »

Yup. Move in. Get your name on the electoral roll there, Change address with the bank etc. Notify LA that single person discount for CT no longer applies. Etc,

Whatever care requirements the mother needs can be sorted out as and when.

I spoke to a specialist level 2 adviser at ageuk.org.uk to get a more specific answer on the criteria regarding the length of time needed to be in the house before my mother goes into care. She said the legal guidelines only specify that the 60+ relative must be living there before going into care.

So i guess, it comes down to building up the case of legitimacy, as you mentioned:

- be on the electoral roll at the address [ tick]
- mother to add me as resident for rates purposes [ to be done ]
- address on bank statements [tick - for 25 years+]
- no other property in my name [tick]
- no other place to live [ tick ; divorced]
- need to be close to my mother for care purposes
- NHS registered at the home address [tick]

After watching the debacle/mistake of the council almost removing the family property when my father went into care, [ and subsequently sorted by my mother and a solicitor], i don't trust the council to operate it's discretion around those guidelines. I fear a bureaucratic stuff up and a degree of cognitive bias in executing their duties.

So.....?

lisyloo

I think you’re right about the councils organisation.

I don’t think you can have a guarantee of being free of the LA claiming deliberate deprivation but if you are providing some level of care (even if only drinks and meds) that does provide a genuine alternative reason for moving in.

It might be worth getting social services in at some stage.
They provided our parents with useful equipment for free, for example a air cushion, non slip bed cover and a commode.
If her income is low (below approx £300 per week) she may qualify for free care if she needs help with washing/dressing etc.
You can get this help even if you are living there.
My aunt has her daughter and son-in-law with her and they still had carers in.
My MIL also went to a day center for free apart from about £6 for a 2 course lunch and all tea/coffee. She was provided with free transport.
She really enjoyed going and they did bingo, singing etc.
It’s a postcode lottery but they are keen to keep people out of expensive homes so help is available. Our social worker was very good.

Spreadsheetman

MightyWhitey wrote: »

I spoke to a specialist level 2 adviser at ageuk.org.uk to get a more specific answer on the criteria regarding the length of time needed to be in the house before my mother goes into care. She said the legal guidelines only specify that the 60+ relative must be living there before going into care.

So i guess, it comes down to building up the case of legitimacy, as you mentioned:

- be on the electoral roll at the address [ tick]
- mother to add me as resident for rates purposes [ to be done ]
- address on bank statements [tick - for 25 years+]
- no other property in my name [tick]
- no other place to live [ tick ; divorced]
- need to be close to my mother for care purposes
- NHS registered at the home address [tick]

After watching the debacle/mistake of the council almost removing the family property when my father went into care, [ and subsequently sorted by my mother and a solicitor], i don't trust the council to operate it's discretion around those guidelines. I fear a bureaucratic stuff up and a degree of cognitive bias in executing their duties.

So.....?

It looks on the face of it that if you were genuinely living there as your list indicates plus providing some level of care/assistance then you'd pass the criteria.

I can't guess whether your local council would dig deeper in some way & find grounds to refuse, or whether it is even a good idea on a personal level. I don't see how you could know for sure until you tried it.

Silvertabby

Correct me if I'm wrong (and I'm sure someone will !) but am I right in thinking that if the Council does accept OP as a legitimate occupant, then they won't just say 'oh well, that's the end of that' - or will they put a charge on the house so that they will be able to recover mum's care home fees once the property is actually sold - for whatever reason?

Spreadsheetman

Silvertabby wrote: »

Correct me if I'm wrong (and I'm sure someone will !) but am I right in thinking that if the Council does accept OP as a legitimate occupant, then they won't just say 'oh well, that's the end of that' - or will they put a charge on the house so that they will be able to recover mum's care home fees once the property is actually sold - for whatever reason?

No, they have to disregard entirely (Mandatory disregards).

Mojisola

Silvertabby wrote: »

Correct me if I'm wrong (and I'm sure someone will !) but am I right in thinking that if the Council does accept OP as a legitimate occupant, then they won't just say 'oh well, that's the end of that' - or will they put a charge on the house so that they will be able to recover mum's care home fees once the property is actually sold - for whatever reason?

No, the value of the home isn't included in the financial assessment if one of the conditions - such as an over-60 relative living there - is met.