Care home surcharge

Spies

Either the council negotiate a lower rate, or they have to find alternative accommodation

You can't go back to the council saying its unfair because of X Y Z as you have no proof

pensionhelpplease

elsien said:

pensionhelpplease said:

Maybe I wasn't clear - seeing if the surcharge is legal not the differential 

It has come up before, and it’s not unusual. Care homes will give a lower rate to local authorities, if they know they will get people placed there more regularly. It is possible when a self funder gets close to the local authority taking over that the care home may negotiate a mid rate in order for the person to stay rather than the upset of moving somewhere else. But it’s not unlawful. Unfair, maybe, but not unlawful.


it’s been on the radar since at least 2017 but nothing has changed since then.
https://www.gov.uk/government/news/urgent-action-needed-across-the-uk-care-home-market

Sure its not unlawful? has anyone tried the equality act as she is being discriminated against for her financial position

pensionhelpplease

Spies said:

Either the council negotiate a lower rate, or they have to find alternative accommodation

You can't go back to the council saying its unfair because of X Y Z as you have no proof

My argument isn't with the council

Spies

Well it should be as they're the ones not covering the increase

As others have said you wont get anywhere with this, spend the energy on negotiating with the council

Get a copy of the terms and conditions you signed, I guarantee there is a line somewhere stating something along the lines of "The room fee quoted above will remain payable for the duration of occupancy (in addition to uplifts implemented throughout as advised)"

elsien

pensionhelpplease said:

elsien said:

pensionhelpplease said:

Maybe I wasn't clear - seeing if the surcharge is legal not the differential 

It has come up before, and it’s not unusual. Care homes will give a lower rate to local authorities, if they know they will get people placed there more regularly. It is possible when a self funder gets close to the local authority taking over that the care home may negotiate a mid rate in order for the person to stay rather than the upset of moving somewhere else. But it’s not unlawful. Unfair, maybe, but not unlawful.


it’s been on the radar since at least 2017 but nothing has changed since then.
https://www.gov.uk/government/news/urgent-action-needed-across-the-uk-care-home-market

Sure it’s not unlawful? has anyone tried the equality act as she is being discriminated against for her financial position

 Finances are not one of the protected characteristics covered by the Equality Act.

Discrimination in and of itself is not unlawful. Everyone who has ever been to a job interview and not got the role because there was a better candidate has been lawfully discriminated against.