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Otherwise - MIL going in to care home
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Message 1.Â
Posted by Swedey (U4339411) on Sunday, 7th November 2010
I think I may have posted about my MiL in the past, she is elderly and quite frail. She has now decided that she wants to move in to a care home, and we have visited one she likes (run by a Christian charity, I'm sure it will suit her really well), and they have a room free.
She has some money, not sure if it's over the £23K or £24K threashold (think just under), and she owns a flat. I realise this means she will be self funding, but am I right in thinking that she should be able to get around £108 per week from the council, if they assess that she has the need for residential care?
Will her mental state of mind (frequent depression) be taken into account in said assessment?
I'm phoning the council tomorrow, any advice would be much appreciated.
OH seems to think that the first 12 weeks could/should be paid for by the council - is that true? -
Message 2
Posted by Lili Bolero and the band played on (U10534540) on Sunday, 7th November 2010
Swedey - there is certainly something called the 12-week property disregard, which local authorities apply on first admission to a residential care home. However, as you have said that your MiL has a long-term health problem, it might be worth you seeing a solicitor who specialises in these matters to find out to what extent you can get further funding. Hopefully PLP will spot this thread, but if she doesn't, have a look on the website of Solicitors for the Elderly.
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Message 3
Posted by Lili Bolero and the band played on (U10534540) on Sunday, 7th November 2010
Whose decision was it that she goes into care? Has she been assessed by a social worker? Sorry to ask loads of questions, and don't feel obliged to answer them on a public messageboard, but the answers to those questions can have a bearing on who pays how much for the residential care.
If I were you, I'd speak to a specialist solicitor tomorrow before speaking to the council. They will put you in the picture, whereas the council are likely only to give you their slant on things. (Remember, they are trying not to spend any money at the moment...) -
Message 4
Posted by Dunlurkin NL (U2675855) on Sunday, 7th November 2010
swedey, I hope you manage to negotiate this minefield satisfactorily and without too much trauma for anyone.
It might be worth poping into the earlybird thread tomorrow to alert PLP to this thread. She has a wealth of knowledge which she is happy to share. Obviously, you will probably need to deal with a RL solicitor, but it does help to be forearmed.
Dunlurkin -
Message 5
Posted by organistswife (U14259593) on Monday, 8th November 2010
Bump, in the hope PLP pops in.
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Message 6
Posted by organistswife (U14259593) on Monday, 8th November 2010
The Threshold is £23,000.
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Message 7
Posted by Ceit katemehomeagain (U14551670) on Monday, 8th November 2010
Here is some Info hope it is of some help Take care katemha
If you type older people care homes in search Yahoo google
it comes up with some council help pages -
Message 8
Posted by politeLadyPortia (U7099336) on Monday, 8th November 2010
Swedey
I have picked up on this. I have to be out this morning but will answer fully later BUT if MiL is deciding she wishes to go into a care home and has not been assessed by both health and social care then funding cannot be guaranteed.
Any support whether at home or in a care home is subject to an assessment of need against the relevant criteria under section 47 of the National Health Service and Community Care Act 1990 . Anyone can ask for this via Social Services but it may take rime unless there is an emergency. Once need is determined then the financial assessment follows. However the location in the UK is critical as the rules vary slightly in Wales and Northern ireland and considerably in Scotland.
Age UK produce excellent fact sheets and as Lili says the Solicitors for the Elderly website will direct you to be specialist advice,
It is important to get independent advice on this as Social Services can otherwise be somewhat inflexible in some areas.Funding care is undergoing change at the moment with the introduction of personal budgets.
I will come back later
PLP -
Message 9
Posted by Portia Antrobus (U14257929) on Monday, 8th November 2010
Swedey
I was just reading your post when today's subject for You and Yours was mentioned:
It may be worth trying to catch it or track it down later on LA. -
Message 10
Posted by Swedey (U4339411) on Monday, 8th November 2010
Thank you all. I will listen to You and Yours today, and I am making initial calls to Social Services today.
MIL has a property she can sell, so we an raise the money, although that won't last forever. The most important thing is her health and happiness, but obviously any help available will help greatly. -
Message 11
Posted by organistswife (U14259593) on Monday, 8th November 2010
I know PLP will be able to give you accurate advice, but it sounds like your Mum might already be suitable for the lower level of attendance allowance which is not means tested & will continue when she's in residential care.
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Message 12
Posted by Swedey (U4339411) on Monday, 8th November 2010
Yes, I've got the forms for attendance allowance, filling it in this morning.
(mumbles to self must not, must *not* spend time in ML.......) -
Message 13
Posted by organistswife (U14259593) on Monday, 8th November 2010
A little help possibly.
Sorry for you Swedey, I've been there 3 times in the last 5 years. -
Message 14
Posted by politeLadyPortia (U7099336) on Monday, 8th November 2010
Back and can now fill in some blanks.
First the emphasis in both health and social care is to keep people in their own homes for as long as possible with support services and adaptations where needed.
The second level is where this is not feasible/viable to move people in residential or nursing care. This is an important distinction as it will impact on how much financial assistance is available and how much the client pays.
However as I mentioned in my previous post even if people are self funding it is wise to seek assessment from the multidisciplinary team who deal with adult care. This may be a team dealing with elderly care or a team dealing with older people with mental health problems.
This first assessment is legally binding duty on the providers of care. Depending on the outcome and the identified needs will be the care package.
In England and Wales health care is free at the point of delivery. Social care is not and is means tested- hence the mention of the #23000 capital level before some help can be received.
The assessment is critical. Electing to go into a home without this may deny access to any public funding. Just because MiL will be self funding should not be used as an argument to refuse assessment. The whole issue is complex and sadly lacks uniformity... as you will hear today and over the days to come this is very difficult and you may need advice from experts... MiL GP is a good point to start. If MiL has capacity she should give written consent for her GP to discuss matters with you
Once the assessment has determined what care is needed then and only then the question of funding arises. As mentioned you should apply for Attendance Allowance asap as if it is awarded it is backdated to the date of application and again if awarded at the lower level then if MiL goes into a home then the higher rate can be applied for.
If the move is to residential care then there is a 12 week property disregard and the LA can help for this period. If fees can be met by family and mother together then the pressure to sell in these difficult times is eased. Legal documentation can be drawn up to repay these funds once the prperty is sold. Alternatively it is possible to enter into an arrangement for deferred payments with the LA - this needs legal advice as there are risks in the falling property market. Interest is payable if MiL dies and can cause issues.
If A nursing home is thought appropriate then different funding rules apply. There may be banded nursing care contributions or in some cases continuing health care funding or if certain MH sectioning conditions are met then under s117 of the Mental Health Act 1983 applies care costs are free. This will be identified as such.
Assessment is an ongoing process and if MiL's condition changes then re-assessment should be sought.
Financial assistance can in some circumstances be sought from occupational /service benevolent funds/charities.
Hope this helps
PLP
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