Local Authority Care & "Top-up" rules

BobcatHat92

Hi there, I'm looking for advice on the rules for "Top-up" care costs from a family member. Short version is my mother is in long-term care with deteriorating dementia, she loves her care home and is adamant she doesn't want to move. In the past month she is tipping below the £12k of assets remaining with the Local Authority (LA) now in the process of stepping in to cover the cost of care. However the LA cannot meet the current Care Home requirements so have asked whether a family member can "top-up" the needed funds. Can my Stepfather step in and pay some of the difference? He believes that the Council's 50% spousal discount on my mother's pension would allow him half of her pension income, which he could then use to pay towards her care voluntarily. Is this possible? Despite my best efforts, I can't find any advice on the internet about this. 

Savvy_Sue

I think this is a bit tricky, because - as you may know - the person in care can't top up themselves, and your suggestion may amount to that. 

And the other thing to say is that other people cannot be forced to top up, although the council may then insist - or at least try to insist - that the person must be moved somewhere cheaper. You might be able to argue that moving her would be too disruptive / dangerous to her, but it might be difficult, especially if the difference is quite large. Was the council involved in finding her placement?

Plus if someone does agree to top up, I don't think they can later pull out of doing so. Stepfather may be OK doing it now, but what if it becomes unaffordable, or he needs care himself?

One question: does your mother have (half) a house? Because putting a charge against that might solve the problem - assuming your stepfather is over 60 the the value of the house can't be taken into consideration. If it's a rented house of course then that's irrelevant. 

https://www.ageuk.org.uk/information-advice/care/paying-for-care/ might point you in the right direction. 

elsien

I would agree re the  above - using her money to theoretically allow someone else to make a “voluntary“ contribution is really in breach of the rules in regards to someone paying their own top up. 

What is the discrepancy between the fees of the care home and what the local authority will pay? Because if there is no one who is able to pay the difference, and it can be argued that it’s in her best interest to stay there, if it’s not a huge amount then the local authority on the care home sometimes will meet in the middle,
is she getting the CHC FNC top up towards the nursing costs of the home?