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    • lisyloo
    • By lisyloo 8th Apr 18, 1:22 PM
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    lisyloo
    Attendance allowance under deferred agreement
    • #1
    • 8th Apr 18, 1:22 PM
    Attendance allowance under deferred agreement 8th Apr 18 at 1:22 PM
    My MIL is in a nursing home.
    She was funded by the LA but her husband has died so she;s has now gained a property which will no longer be disregarded.
    There will have to be a deferred agreement for fees as we cant pay until the property is sold.
    Who gets the attendance allowance in the short term?
    Does the LA/nursing home get it and deduct it from the bill, or do I need to start gett8ng it paid to MIL as a private payer.

    Thanks - have lots going on due to recent passing (and its sunday so cant phone anyone)
Page 2
    • lisyloo
    • By lisyloo 9th Apr 18, 12:17 PM
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    lisyloo
    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.
    Originally posted by Mojisola
    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.
    • Mojisola
    • By Mojisola 9th Apr 18, 12:27 PM
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    Mojisola
    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.
    Originally posted by lisyloo
    For Dad it kicked in when we went from paying the full price of the home to a deferred payment scheme while the house was sold.
    • SVFM
    • By SVFM 9th Apr 18, 5:09 PM
    • 29 Posts
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    SVFM
    A relative of ours who was self funding got Attendance Allowance paid directly to her. As we had a deferred payment scheme arranged the LA then decided how much a week she would need to pay towards her care and how much went as deferred payment. They decided this by taking into account all her income including the AA. The AA was paid from the first day she became self funding and was stopped 5 years later when she started to receive CHC nursing.
    We kept her house for the 5 years and took her home weekly, the house was sold on her death and the money ( a very large amount) was paid back to the LA. She loved going home for her visits and it gave us comfort knowing that if ever needed (care home closure etc.) she always had somewhere to go. She didn't have a lot of money (under 10000) however we kept the house going as we knew how much it meant to her and LA never pushed us to sell.
    • lisyloo
    • By lisyloo 10th Apr 18, 8:27 AM
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    lisyloo
    the LA then decided how much a week she would need to pay towards her care and how much went as deferred payment.
    Yes, I am expecting them to take state pension + pension credit + AA +savings income minus the 25 she is allowed to keep (as they do currently).

    She loved going home for her visits and it gave us comfort knowing that if ever needed (care home closure etc.) she always had somewhere to go.
    My MIL has dimensia and she doesn't really understand she's in a care home and we think it will be distressng for her if she went home as she'd expect to stay there and get confused and distressed. There is zero chance of her ever going home permanently as she cannot walk or even stand without assistance and once recently couldn't stand and needed the hoist equipment.

    Good to hear the LA don't pressurise.
    In our case it will take a lot of time as we can't currently sell her home as we don't have deputyship and need to apply to the court of protection.
    That process won't even get started until after the funeral.
    • Danday
    • By Danday 10th Apr 18, 2:45 PM
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    Danday
    Yes, I am expecting them to take state pension + pension credit + AA +savings income minus the 25 she is allowed to keep (as they do currently).

    My MIL has dimensia and she doesn't really understand she's in a care home and we think it will be distressng for her if she went home as she'd expect to stay there and get confused and distressed. There is zero chance of her ever going home permanently as she cannot walk or even stand without assistance and once recently couldn't stand and needed the hoist equipment.

    Good to hear the LA don't pressurise.
    In our case it will take a lot of time as we can't currently sell her home as we don't have deputyship and need to apply to the court of protection.
    That process won't even get started until after the funeral.
    Originally posted by lisyloo
    I am surprised that this hasn't already been started by the LA. When my father was only days away from dying Social Services were trying their best to get him to sign over his rights in their favour.
    • lisyloo
    • By lisyloo 10th Apr 18, 3:16 PM
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    lisyloo
    I am surprised that this hasn't already been started by the LA.
    She already pays her income (minus 25) to the care home.

    My FIL was given 4 weeks with temporary status in the care home (as rehab was a theorectical possibility) where property would be disregarded, plus 12 weeks of a property dis-regard IF he became permanent. I do feel that 16 weeks is generous.
    He was only there for 11 days.

    I reported the death straight away to the LA and asked for clarification on when she becomes a private payer, no response as yet.

    The LA did push us for a top-up for the nursing home we wanted (same one as MIL). We did win at "panel" and most people we've spoken to have agreed that's it's inhumane to split up a couple who've been together for 60 years. They did get to see each other a lot more during the last 11 days due to being in the same building.
    LA are just doing their job, but I do feel sorry for people who have no family to fight for them as there are some dreadful homes around.

    I don't have an issue with the home being used to pay for care and they have both been very well provided for with benefits, care at home and nursing care, so over-all we have no complaints barring the attempt to split them up after 60 years to save a few quid.

    If 2 panda or swans in the zoo were split up to never see each other again, we think there would be protests, so this is an inhumane way to treat people.
    Last edited by lisyloo; 10-04-2018 at 3:19 PM.
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