Care home funding – property disregard

[Jan Bryan]

I have been caring for my mum at home, but at the end of June she was given a placement in a local care home. She was reluctant at first but to be honest she is thriving in there now, and myself and my husband have our lives back. Unfortunately, we don’t know if this move is permanent as we are waiting on a decision from the local authority on whether the property (our home for the last 15 years) can be disregarded. We have been given a 12 week disregard which ends mid September.
Myself and my husband have run the household financially, mum’s only income is state pension and she has no savings so she couldn’t afford much to contribute. The house was left jointly to myself and my mum when my grandmother passed away, but now, because her name is on the property, half of it is to be treated as an asset and would therefore make her self-funding. I am 58 – 2 years short of the mandatory disregard status. Myself and my husband have invested thousands of pounds and hundreds of hours of work as this property is our home, but effectively our investment will be lost as it will be paying mum’s fees. We are waiting on a ‘panel’ and a request for a discretionary disregard.
Has anybody come across this or a similar scenario? I’d appreciate any tips or advice in case the decision doesn’t go our way. We’ve tried to find a solicitor for advice, but seem to be struggling as we can’t find an appropriate expert. Thank you

[Ben Budd]

Reply from Dementia Carers Count

 

Firstly, it is good to hear that your mother is thriving in her care home and that you and your husband are feeling the benefit. But I am sorry you have this huge worry about how her financial assessment may include the value of her share of your home.

This is a difficult query to answer because it involves a Local Authority using its discretion. By definition, discretion is a choice; the Local Authority have to balance the interests of those sharing a property, their only home into which they have put much money and labour, not to mention emotional investment, with the interests of the tax payers not to maintain individual assets at public expense, when social care budgets are stretched to the limits. The panel will be considering the length of time someone has lived in the property, the care they have given to the person now in residential care, the money invested, other opportunities let go because of giving care and other factors. It will come down to the facts in this particular case.

You may find professional help through one of the organisations listed below: these should all be able to find you a local adviser who knows about the intricacies of the charging for care regulations.

Getting professional care fees advice (payingforcare.org)

Society of Later Life Advisers – SOLLA

Solicitors for the Elderly | SFE

[Jo Pontikos]

Hi there

I’m in a similar position – I’m curious about the mandatory disregard if you reach 60 is this a hard and fast rule?

The house was given to me and my sister by my mum as she wanted my husband and I to move in with her to look after her. We remortgaged our home to make considerable changes to the house so we could all live comfortably.

Whilst we are committed to seeing this through the end it’s difficult to see what the future holds in how my mothers dementia will progress we have spent a lot of money on the house and I’m working from home part time so I can look after my mum.

I don’t want to lose the money my husband and I have put in. Am I understanding that once I reach 60 in 4 years time they can disregard the house mum gave to my sister and me?

[Author]

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