Social security and NHS continuing heath care

[volvodriver]

Hello

Complicated story, please bear with me.

Mother and father both have Alzheimer's, and jointly own the house where we now live after letting out our house to care for my father which I did full time.

Mother has been in a care home for over a year and Social Services take alkl of her pension bar a few pounds a week to fund her care.

My father has been hospitalised since mid 2007, and has recently moved into a nursing home. His care is fully funded by the NHS after a long fight with them - this will be reviewed in 12 weeks from admittance.

With my father's care currently being fully funded, no deduction is made from his pension.

Now that my father has moved into long term-care, I would like to know what the effect will be on the house we occupy. If he was part Social Services funded, they would be able to apply a charge on the property for his fees.

The main question: what is Social Services entitlement to the house - as it is no longer my father's place of residence - in so far as it applies to my mother? Can they now seek to put a charge on her share of the house to pay her home fees?

Not sure I've put that very well, any help appreciated

VDr

[old_andrew2007]

Hi VDr
I have limited knowledge of NHS continuing care (my was aunt resident in a nursing home), as you realise this is complex issue.
Will full funding continue for your father (Continuing Care), or will he be assessed as falling into one of the other bands for support HIGH, MEDIUM, or LOW, based on this a payment was made by the Local PCT toward care, in my aunts time it was called RNCC (Registered Nursing Care Component).
This meant a costing was based on the amount of support was required from a registered Nurse, support from care assistants for example to wash, dress, food, laundry was not taken into account.
Hopefully things will have changed now, I am sure that a forum member with up to date knowledge will be giving advice quite soon.
My main reason for replying however is to advise looking into your status regarding the house, this was a bone of contention in my aunts case, her granddaughter moved in shortly before aunts health began to fail, sadly she died with 3 years, it was always believed that her granddaughter would be able to inherit, however fees were reclaimed.
I don't what legislation they used, but as both parents are receiving full time nursing care it is important that you seek professional advice, as I said things may have changed for the better.

[volvodriver]

Thank you for your kind reply.

Thanks have changed a lot, and new arrangements came into place in 2007 which swept away the old framework.

What continues is the travesty of assessing nursing and social care - the one is free, the other Social Services will rob your granny and any one else to avoid funding. In this case the house is still at risk, and there is little I can do about that but fight, which I am doing.

My father will be assessed again against the continuing care criteria after his first 12 weeks in the nursing home. No doubt at that point the PCT will try again to offload its financial responsibility.

Politicians seek to score points over inheritance tax - the real scandal is the state taking your home off you - beware your, or your siblings inheritance - as we have an ever older population this will mushroom, yet another stealth tax when folk are too vulnerable to realise or complain.

I await a more detailed response, in meantime thank you again for your reply.

VDr

[old_andrew2007]

As I said someone I am sure will come along with the expertise to give a definite answer, it must still be worrying for you.

[emmaf01]

I have some experience of NHS CC funding as I won a case for backdated CC funding regarding my mother.

I got expert help from a website I was directed to via this site- I have PMed you the details.

I moved into my mother's house to try and care for her when she became unable to care for herself due to PSP. After only a few months it became obvious she was no longer safe in her home enviroment, so we found a very good nursing home for her to move to. I continued to live in her house and still do after inheriting it on her death.

She received RNCC in the nursing home at the medium rate, with the rest of her care paid from her savings. We did not know anything about funding apart from being told before she went into the home by social services that she was liable to pay for her care.

She was finally assessed at the High rate of RNCC a week before she died- she had been in a coma for over a month!

Just after she died my uncle spoke with the family of another resident (suffering from Parkinsons) who told us his father paid nothing due to their win for NHS CC. I started to look into the issue but due to illhealth and pregnancy, had to wait until May 2004 to ask for a review. I had a tribunal in April 2007 and won.

Good luck with this, it can be a battle but you can win.

[old_andrew2007]

its good to see a success, I wonder how many people do not understand how to appeal, and as a result lose out

[emmaf01]

It's not too late for them. My mother was already deceased and I was still able to go ahead with the appeal.

After the Coughlan ruling PCTs were supposed to go back through their records and contact people and families whose entitlement may have been affected by the judgement. Funnily enough the PCTs didn't contact us- I'd hate to suggest that the PCTs haven't put much energy into implementing this but...

It is not to late if people think that their family may have fallen victim to this mess.

If anyone does not know how to get this process started or needs any pointers on where to go to get info, please PM me.