Carers & Job Seeker's Allowance - Can Anyone Help?

[emmaf01]

My mother had PSP (Progressive Supranuclear Palsy) which has symptoms echoing both the mental degeneration of Alzheimers and the physical of Parkinsons.

We claimed Attendance Allowance while Mum was able to stay in her own home with my help- we used the extra benefit to pay for care assistants morning and night for help with bathing etc. Social services provided home adaptations.

When it became impossible for me to care for her at home any longer, we were told that Mum would have to self fund in a nursing home. We found a nice place- she hated it but was much safer. We used her savings to pay for it.

After she died we dscovered she was eligible for NHS continuing care- I got the PCT to review its decision, we went before a tribunal and won.

You sound like you need some help. NHS continuing care funding is available where ever that care takes place- own home or nursing home. And medical eligibility is physical or mental.

If you need any extra info just PM me.

[jax63]

Hi
As poppynurse says there are different levels awarded for CHC and it is qute tough to get the full award however if you go to panel and are turned down you have the right of appeal. Also if your dad did not meet the criteria initially if his physical/mental health needs change in the future even if already in residential care, you can ask to be assessed again.

With regard to the property: when a person is assessed as needing residential care a financial assessment is completed, if the property is owned and occupied only by your dad this will be taken into account. HOWEVER, under Sec 7 of Charging for Residential Accomodation (CRAG) if he lives with a partner or it can be proved that his main carer had given up his own home in order to care for your father then the property would/should be disregarded.
This is the link giving full details on charging policy Charging for residential accommodation guide (CRAG): April 2006 : Department of Health - Publications

Finally if none of this applies and the property is taken into account you have some options to consider. When a person is placed and funded by the Local authority they usually have block booked beds or negotiatiated with homes to accept at LA rates. These rates are much lower than you would pay as a self funder.
You can choose to sell the property, in which case you are a self funder and you will pay higher rates OR YOU CAN HOLD ON TO IT. Social services will then pay for the care at LA rates minus your dads contribution from his income and put a legal charge against the property, which will be paid back in the event of the owner passing away. No interest is charged until about 56 days after the death of the owner.
Doing it this way means you get the care at a much lower rate, you pay no interest and still have a property that may increase in value overtime. (maybe not in the current climate!!) You could rent out the property. If social services were aware you were doing this it would be financially assessed as additional income and added to your dad,s contribution for his care. They would only know if you were to tell them, as it is not an area they can search and so is a matter of trust.

The link I added covers to whole charging process, there is probably stuff I have forgotten to add, but more than happy to help if I can. I come accross this daily in my job and it really cheeses me off to see people who have worked hard and gone without over the years to have it all taken away due to poor health. So much for "we'll look after you from the cradle to the grave"

Jax

[emmaf01]

The criteria for NHS Continuing Care are not as extreme as most people think- the key is collecting all the evidence that is necessary to meet the Coughlan criteria.

The tough side of it is the fight.

We had trouble with huge swathes of nursing home records "missing"- the last five months of my mothers life went unrecorded. Incomplete and sketchy GP notes, hardly any hospital notes and NO notes of her assessments by social services. Seeing as the head of the council social services was on the panel I was able to inquire about this. Wiped the smarmy expression off his face at least.

So even if you don't want to look at this issue now (and I couldn't have managed it while I was trying to keep going and stay relatively sane), just keep all notes, letters, info and assessments- get copies of interview notes or ask for a letter to clarify what has been agreed. These may not be available to you later if you change your mind.

And finally do not trust what social services tell you. They are not always accurate on this issue.

[markrob]

Thank you so much Jax and Emma for all your invaluable information and insight into this distressing subject, which I'm sure will be extremely useful in the future. It makes me want to cry to think that so many families have gone through this painful process when most have paid taxes and national insurance all their lives. It's such a national disgrace.

I'm unsure as to how the authorities would assess my brother and I with regard to the family home. My brother has lived there all his life so has not given up his own home to be a long term carer. As for myself, when I do finally sell my home (could be a long time away!) and move in with my dad and brother, I will have given up my home to be a carer but I haven't been the main carer and how long is it before one is deemed a long term carer? Oh well, we shall see, it gives me a huge headache just thinking about it! At the end of the day it's what's best for my dad that matters and we can fight the authorities along the way.

Thanks once again for all the advice!

[emmaf01]

If your brother has lived in the house all his life it is his home and cannot be sold under him. Perhaps your brother could go and see the local council welfare rights officer, just to check he's getting all the benefits he can. Mine checked and then made sure (after hearing about my situation) that the social worker in charge of my mothers case was aware that it was my home and could not be sold from under me.

[markrob]

Thanks again Emma. I suppose it's reassuring to know the house can't be sold from under my brother but presumably the authorities could still try to put a charge on the house at some point?

An interesting side issue is that a lot of homes built before a certain date were not automatically registered with the land registry and only become registered when sold or if the owner goes to the expense of registering it. Our family home has never been sold since it was built in the early 60's and is unregistered. I'm not sure if that has any relevance to the situation?