Attendance allowance under deferred agreement

marliepanda · 8 April 2018 at 9:21PM

sheramber wrote: »

As usual, Danday makes his past experiences fit the question asked. he forgets what he has already stated elsewhere.

I am shook to my very core. I have never been more surprised at this!

lisyloo · 9 April 2018 at 9:21AM

I am told that when a LA pays the fees, they insist that AA is claimed as part of the arrangement and is paid to the home to top up the LA's contribution.

MIL was already in receipt of AA. I'm not sure whether it's paid to the home or to the LA but it's definitely not paid to her.
I'm asking where it gets paid whilst she's (probably) a fee payer but not actually physically paying the fees.

lisyloo · 9 April 2018 at 9:28AM

Did your MIL & FIL not make provision for their child/children whist they were both fit and healthy by using a trust?

Short answer is no.
They were/are unsophisticated people and probably never heard of trusts. He worked in a factory and her in a supermarket so the more complex legal/financial instruments (incuding trusts) were outside of their radar.
I have taken care of things in reent years but she would not let anyone else take control until she had dimensia i.e. when it was too late.
They did have wills (not updated for 28 years) and life assurance.
We did get POA for FIL but that doesn't help now.

These actions have to take place well before any thought of them needing care with at least a 7 year gap before death.

7 years is for IHT purposes but I believe what you are talking about would fall uder deliberate deprivation.

Taking these actions in tandem with a good solicitor could well have avoided the house being sold to benefit the LA.

Not sure I agree with you. What makes you think that avoids "deliberate deprivation".
Anyway - whilst I totally agree with you that this is a lesson for people to get their house in order, it's not actually that helpful after the event for this query (although I appreciate many comments many be helpful to others).

As I said they were unsophistiated people, born in the 1920's and left school at 14, so uneducated. They were not internet users and would not be aware of trusts or have any concept of any reasons to consult solicitors. Whilst I agree they were wrong - it's a fait accompli and now too late to change.

thanks for your help

lisyloo · 9 April 2018 at 9:31AM

My advice - go and see a good solicitor that deals with these types of things every week.

Good advice for others, but it's way to late for the planning side of things.

lisyloo · 9 April 2018 at 9:34AM

Alice_Holt wrote: »

I would have thought it would be payable to the MIL.

Have you looked into the Registered Nursing Care Contribution from the NHS if nursing care is required?
I don't know if this might be applicable or not.

Yes, she qualifies for the NHS nursing care fees (£155.10 per week).
These are paid direct to the home and would therefore reduce the fees.

AA will also reduce the fees and she has already qualified.
The question is just where it gets paid to in the short/medium term.

I've just got a contact at the LA so I will update after I receive a response from them.
I'll also contact the AA unit and let them sort out where to pay it.

pmlindyloo · 9 April 2018 at 9:53AM

here is another help line that you can contact:

https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/attendance-allowance

Click on Talk to Us on the left hand side.

lisyloo · 9 April 2018 at 10:24AM

I have called the Attendance allowance unit and they have said it will be paid to her when she become a private payer.

I have asked the LA when she becomes a private payer (by email) and I'm waiting for their response.
I am not expecting a 12-week property disregard as she's been in the home for 7 months, but will wait to be advised by them.

Suprisingly the pension credit people said they would not stop her pension credit immediate and would ask us for updates on the sale of the home (going to take a while as we need deputyship from the court of protection).

Thanks for the help

NeilCr · 9 April 2018 at 10:47AM

lisyloo wrote: »

I have called the Attendance allowance unit and they have said it will be paid to her when she become a private payer.

I have asked the LA when she becomes a private payer (by email) and I'm waiting for their response.
I am not expecting a 12-week property disregard as she's been in the home for 7 months, but will wait to be advised by them.

Suprisingly the pension credit people said they would not stop her pension credit immediate and would ask us for updates on the sale of the home (going to take a while as we need deputyship from the court of protection).

Thanks for the help

Thanks for the update.

That's useful information for us all. I spent a bit of time on Google trying to find the answer!

I hope it goes as well as it can for you

Mojisola · 9 April 2018 at 10:49AM

lisyloo wrote: »

I am not expecting a 12-week property disregard as she's been in the home for 7 months, but will wait to be advised by them.

My Dad was given the 12 week disregard even though he had already been in the home for some weeks so it may be possible.

lisyloo · 9 April 2018 at 12:17PM

Mojisola wrote: »

My Dad was given the 12 week disregard even though he had already been in the home for some weeks so it may be possible.

Yes, I've read different things about it on different websites.
One site said it's for people to make sure a nursing home is the correct place for them. This doesn't apply in her case as she's been there 7 months already.
Another site said about time to sell the home.
Obviously we'd welcome the 12 week disregard from a financial point of view, but I personally don't expect tax payers to foot the bill when there's an empty property.

Attendance allowance under deferred agreement

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