Being a Carer for a second time.

For anyone who is bereaved or no longer providing care.
I cared for my father who passed away in 2008 after being in care for a year.
My mother passed away in 2005 and left me her half of the house and it was disregarded as I lived in the house and half owned it and I inherited my father's half when he passed away.
Late in 2008 I sold the house I inherited from my parents and went to live in the bungalow with my mother in law which was owned on a tennants in common basis.
I had inherited my father in law's half.
Unfortunately my mother in law has now got to go in to care and the same social worker who dealt with my father's case has stated you can only have a house disregarded once in a life time as a carer / joint owner occupier.
I have looked through the Age Concern Factsheets / CRAG and this is not mentioned.
Has anybody been forced to sell under these circumstances.


Jane
Hello Jane and welcome to the forum Image

'Fraid I can't answer your question and think you need specialist advice - perhaps a solicitor well versed in probate/inheritance law ?

You could start with the Carers UK helpline, their contact details are here :

viewtopic.php?f=24&t=24018

If you can't through on the phone (it's a small department and they are always busy !) then email them the basic details and they will get back to you as soon as possible
Hi Jane

My father had to go in to care last year but he sadly has now passed away.
The Social Worker tried to use all sort of tactics to get me to sell our jointly owned house to pay for his care.
I would ask the social worker to show you the law saying that a house which you half own and occupy can not be disregarded if a carer has had another house disregarded before.
On the timescale you give I don't think the council would have a case for saying deprivation of assets has happened.
Don't accept something like a letter or leaflet printed by the council.
Ask for something from the government.
I would doubt if the council could produce anything and this is just a try on and will back down.

Brian
Social workers don't seem too bothered these days about whether they tell you the correct information. I've just been told I have to pay £600 per week top up for mum's residential care. Unfortunately for them I know this is unlawful, because they put mum in the home, the only one available in our area. Under these circumstances, they have to foot the bill, not me or mum, during the 12 week "Property Disregard" period. Stick to your guns and ask them, as already suggested, to show you the part of the CRAG regulations which says this. Actually, they should realise that it is very good of you to be a carer twice, and commend you for your good work, not do this to you!
Hello Jane and welcome to the forum Image

'Fraid I can't answer your question and think you need specialist advice - perhaps a solicitor well versed in probate/inheritance law ?

You could start with the Carers UK helpline, their contact details are here :http://forum.carersuk.org/viewtopic.php?f=24&t=24018
If you can't through on the phone (it's a small department and they are always busy !) then email them the basic details and they will get back to you as soon as possible
Welcome Jane. I echo what SusieQ says ..... Defintely get professional advice specific to the full details of your particular situation.

DR
Hi Jane

I agree with what Dancedintherain has said. By all means call the Carers UK helpline.
I would not spend any money at this stage as I think the council will back down as soon as you ask to see the part of the CRAG report which says a house can not be disregarded for a second time.
Unfortunately councils are desperate for money and will try anything.
Another point is are you 60+. If this is the case the house certainly has to be disregarded.

Brian
hello again Jane. And to any lurkers reading casually.

I am adding something here about this forum which is so often overlooked by many.

Anything posted in the forum is not endorsed by CUK.... Unless Staff happen to contribute something specific to any thread please remember that no matter how well meaning other legal advice given here ....it is being given by amateurs.

no matter how well meaning, how well read, Wotever the personal experiences lurking in the background, it is unwise to accept legal advice from strangers. Some of whom have themselves misunderstood the law and got themselves in an awful mess.

My post might offend some readers. I can live with that Image in preference to sitting back and doing nothing.

I wish you well with what you are undertaking.I am sure we will be interested to hear from you again, at any time.

DR
Hi Jane

I don't know if you are still looking at this.
I met somebody yesterday who was in the same situation as you in 2010.
He said the social worker said the house would have to be sold and said all sorts of things to try to persuade him to pay and even suggested he used some of his inheritance from the previously inherited house.
His father in law was in hospital and he just refused to sell and kept on pointing out he was an owner occupier.
After a lot of argument 2 care homes were found. One was at the council's usual rate and the other one required a £70 per week top up.
He did decide to put his father in law in the home which required a top up.
Until his father left hospital the social work kept on coming to him saying it was not moral that the taxpayer should have to pay for the care of somebody who had a half share in a £350,000 house especially when the son in law had inherited a similar house 3 years before.
He just told her the council would have to take legal action if he wanted him to pay and nothing ever happened.

The father passed away after 8 months.

Brian
Hi Everyone

Thank you for your input.
My mother in law has just left the hospital and gone in to care.
She has got full NHS funding and it is going to be reviewed in 3 months.
Another factor is I will be 60 on March 17th so it looks as if the home will have to be disregarded on age grounds anyway.
The doctor has stated that there is only a slim chance she will be alive in 3 months time.
I did see the ward sister and she has said wait until the assessment in 3 months time and see what the verdict is before paying a solicitor.
I am going to take her advice.


Jane
I hope she is made comfortable now,

I am pleased she is funded by NHS CC (as my husband is) but very sorry that her situation is what it is,


DR