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Can a Local Authority Retrospectively Claim for Care Costs After Sale of Property.

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  • RAS
    RAS Posts: 35,704 Forumite
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    Very different actually toodle, and I'm stunned your mum wasn't considered for continuing NHS funding of her nursing care. I know my cousins had to fight tooth and nail for it when their mum became bed-bound, pressure mats, turning, nutrition etc.

    With our mum we never got there and she was ambulant until the final week.
    If you've have not made a mistake, you've made nothing
  • tooldle
    tooldle Posts: 1,603 Forumite
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    edited 4 March 2024 at 2:29PM
    RAS said:
    Very different actually toodle, and I'm stunned your mum wasn't considered for continuing NHS funding of her nursing care. I know my cousins had to fight tooth and nail for it when their mum became bed-bound, pressure mats, turning, nutrition etc.

    With our mum we never got there and she was ambulant until the final week.
    She was considered and didn’t get it. This was all done behind the scenes prior to discharge, she did get the £200 or so per week for  her last two weeks. The assessors were unwilling to share the assessment with me. I was disappointed as persons involved in her care, were adamant that she would get CHC. She was in self funded care for over 10 years. Still, £400 contribution from the NHS is better than no contribution. 
    There is also the relief of not needing EMI which is where she was headed before the hospital stay.
    Here in Wales the care plans are dealt with first and financial assessment of the patient comes after, if necessary. 
    By similar, I mean the nature of the care assessment conversation. 
  • Spendless
    Spendless Posts: 24,675 Forumite
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    edited 4 March 2024 at 3:02PM
    tooldle said:
    Unless I'm misunderstanding what you mean,  they weren't asking the LA for a loan of top up fees or to pay them. Nan was self funding, she had upto 10 months worth of money in her bank account to pay the fees followed by her property to be sold, which then kept her afloat until she had been in the care home around 7 years and was by then in her late 90s. She  then had part funding for maybe a year max until she died. .  
    Perhaps I am misunderstanding you but, you did say your parents went to a panel of some sort, with Nan having a few K in the bank and a house to sell. Why was a panel needed if there was no application for deferred payment / loan.
    was it perhaps a ‘best interests meeting” ?
    This raised the question for me, does the LA have to loan more than the basic rate. The answer to which appears to be ‘no’. Helpful perhaps to those who are asset rich and cash poor, when planning for later life. 
    They attended a meeting to discuss Nan going forward shall I say (whether this was called best interest I can't say) . It had already been decided that she wouldn't be able to go home and would need to go into care. Mum who had been looking around care homes said at this meeting (I can't tell you the staff involved roles it's now 9 years ago) that she had seen a care home she would like Nan to go into. The response was that wouldn't be possible because of 3rd party top up fees that would need paying. This was  the first time  my Mum had heard this phrase so accepted what she was told - then told me and I started to dig but couldn't find much about it. Another MSE'r told me on the thread I started that she had been told the same thing (different authority, different time) but had managed to successfully point out her Dad was a self funder due to him having a property. Finding little about it myself so unable to tell Mum this was wrong, she wouldn't need to pay 3rd party top ups (the reality since there wasn't anyone else to do so) Mum accepted what she was told and looked for another care home for Nan whose fees were in line with the LA amount. Nan lived there for 8 years until death  and 100% self funded for around 7 of them before needing part funding. In years to come I have read more about self funders and 3rd party top ups and today would say to Mum, go back and say that isn't correct, Nan is a self funder with £x in the bank that will cover so many months care plus a property to sell. 

    ETA- So having given this more thought, it might have been a meeting to ask Mum which care homes Mum had looked at for Nan to go into. 
  • tooldle
    tooldle Posts: 1,603 Forumite
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    Hi Spendless, that is what I was wondering I.e. if the meeting was about care rather than finances. Where I am there would be a separate meeting for each, first the best interests mtg and secondly the finance meeting. As I understand it, had a financial assessment been required, that meeting would be between me and the LA assessor only. 
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