My brothers going in a home and "above" £23,250

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108 posts

Hello all you carers. I'm sorry to drag an old thread up, but thought I'd d post here instead of starting a new one.

My brother is ok in his new home. However, I'm now having problems getting full top up fee money off my family. I signed the contract a while ago, and so too did my family, (two sisters and one brother) that's four of us. The amount of top-up-fees per month are £160.00, and i was to assume, after all of us signing the contract that we would simply pay £40 per month each. Straight forward.

Unfortunately, my family seem to be changing there Mind(s) now that the contract has been signed, and my younger brother (not my disabled brother in the home) started paying the full £40.00, but now, because of a "change of his circumstances" can only pay half (£20.00 per month). My younger sister can only pay half too, but made that clear (*not till after the contract was signed though*) and my eldest (most distant) sister can pay just half too (£20 each for all of them) so with £160.00 per month payable, I will now have to pay £100.00 per month (its direct debit anyway so got no choice) and don't like this as its not fair on me.

So my younger brother text me tonight about this, and he told me that "we (other 3 family members) cant afford £40 per month so were all going to contribute £20.00 and the rest will be met THROUGH THE MOBILITY ALLOWANCE” (that my brother s getting, though not received that yet).

The text goes on, but my younger brother is telling me that because my disabled brother is on mobility (£58.00) then my disabled brother WILL be paying his top up fee from his mobility allowance!!! Does this make sense??? My brother is telling me that my disabled brother should pay top up out of his mobility.

Put simply, because they know my disabled brother is going to get £58 (per week) mobility then they feel they DON’T "have to pay" the £40 per month each as my disabled brother can pay it out this mobility. Surely this isn't the right way of of going about it is it? - as my disabled brothers money is for his mobility needs? – yes? They (my family) also suggested my disabled brothers top up fee could be payed out of his savings he has (not a lot) which is for future funeral cost….

Sorry for long post but cant always get my point across easy! Hope you understand what I'm saying.

I may ring the manager up of the care home and possibly mention something. ??? I cant afford £100 per month of my own as I'm on ESA/DLA (support group). And just received £800 bill for the respite care he had before the home which has to be paid.

Hi Tony
Whatever benefits, including mobility allowance, your brother (in the Home) gets will go automatically towards his care and he will be left with only the minimum of £24.90 a week, known as the Personal Expenses Allowance.
You do need to speak to the Manager straightaway and probably, get yourself a solicitor to help you out of this top ups mess. As you are on benefits yourself you might not have to pay the solicitor.
Your brother and sisters are not being fair to you. Neither should they have signed a contract they had no intention of keeping.

And ,as we said before YOU should not pay any of your brothers bills. His bills must be paid from his money, not yours!!

Also, if the direct debit for top up is going from your account, cancel that direct debit right now. Let the Home chase your siblings for their share directly
Unless the rules have changed, Mobility Component is NOT part of the financial assessment. Who is acting as DWP appointee for your brother?
I stand corrected. I got the original info from Age UK who didn't go into details.
Either way the mobility allowance should belong to the care home resident. It should NOT be used by relatives to pay their part of the top up
Agreed. I'm sure it's unlawful for a client to pay their own top up, but having flown back from Majorca this morning can't quite remember just now where it's written. I suspect it's in the old CRAG regulations, and I can never for the life of me remember what the new rules are called. (Help Susie, I know your memory is better than mine!!!)
Thanks mrs average and BB for your replies.

I rang the DWP up about 3-4 weeks ago and they told me they're sorting the mobility component out after not having received it yet, and told me i will be getting it about 21st September, along with other adjustments that have/have been, made. The last payment I received from the DWP was 27th July (PIP - enhanced rate) a normal payment, so adjustments may be made there IE: we may owe each other some money - not sure. I'm glad you cleared the Mobility component up BB, as would struggle without that.

My family are kind of detached/isolated from the finances part of it, and think that my Disabled brother (DB) - or me, has to pay for it all, and because i was caring for my DB 10.5 years, they assume I'm still fully responsible for everything my DB needs, whatever it may be. Top up fees included. And my sister also wants some money off me to buy him some new clothes. I dont mind doing this, but its all coming off me, it seems. In other words, although my DB (disabled brother) is in a Nursing home from *MY* home, they feel I'm still 100% responsible for his finances, topups, and other things (everything?), because I was his Carer NOT THEM (my family) thats the way i see it.

There may be a visit to the home tomorrow, so may talk to the manager. However, with the contract signed, from all four of us, and with direct debit starting October 1st (I paid a cheque until the Direct debit got sorted) it seems difficult to "go back" now. It's also affected my way of living since my Disabled brother went in the nursing home (extremely bad sleep patterns) disorganised routine, Loneliness etc. And as i said before, it want my idea to have my brother in a nursing home, but now he's gone, I'm like "left to it".

PS: also, i forgot to mention, is because i have savings and "enough money" to pay top up fees myself without bothering them, then they dont feel they "NEED" to contribute, a long as i can. By way of interest my eldest sister is a retired nurse with a pension, and her husband (policeman) is also retired with a pension......

Thanks all.

Hi Tony
It's best that you now separate brothers money from yours. I think you mentioned at financial assessment he was assessed with £13,100. Pop in to the bank and ask them to open up an account in your name only, then move your £13100 and any other monies you have received in since, that's Monies paid to you, not your brother. Then the leave the original account as his, even though it has both names on. That way you can still pay his bills etc but with his money not yours. His benefits can still go into that orignal account.
You will need to move any other direct debits or standing orders too(ones relating to you or your home), but the bank will help you do this, or even do it for you.

Definitely cancel the direct debit to the Home. If your siblings signed something they didn't understand, that is their problem. At some point the Home may well want to talk to them about it.

For now, for you, you do need a solicitor to help to get you out of the top up.Remember the top up should never have been applied in your brother's situation. With only benefits income and less only £13100 capital, neither he nor anyone else should be paying top ups.That is the rule the SS (and Home) seem to have broken

Bb is right, your brother mobility allowance cannot legally be used to pay his top up.

Good luck and stay in touch, we all feel for you
Thank you for your reply BB

I'll take all what you've said onboard and Get to work on this difficult situation. (Shouldn't have panned out like this though anyway). Wasn't sure (or aware) that my brothers mobility allowance cannot legally be used to pay his top up. So if i pay top up fee from my brothers mobility am i the one who is liable or the home? :-??? I will mention that to my siblings. Thanks you.

I would strongly recommend that you either cancel the appointment with the home this morning, if it was just to discuss finances, or if it was a general meeting, explain that you CANNOT discuss the finances as you now need to take legal advice. Your brother and sister have behaved disgracefully, arranging for your brother to go into this home, which you didn't want in the first place, and then dumping the whole issue onto you.
Please contact our CUK helpline for advice as soon as you possibly can, the phone is often busy, but you can email them and they will get back to you.
You must separate out your finances and your brothers immediately.
Everyone in the family must now accept that your brother is NOT your financial responsibility.
If he needs care, then it should be funded by the Local Authority as he has below the financial threshold.
Maybe ask the home concerned if other residents are fully funded by the LA? Otherwise, I'm afraid your brother will need to move to a home where this can happen. There are, however, special circumstances when the LA can fund higher than the "usual rate" and the LA might not have been truthful with you, which is why it's so important to speak to the helpline.
There is a possibility that your brother might be entitled to "NHS Continuing Healthcare" depending on the level of his needs, has he ever had an assessment for this? Again, ask the home if anyone there is CHC funded.
because of your Disabled brothers financial situation NO ONE should have been asked for a top up and NO ONE should pay it. Not you, not your DB nor your siblings. Both the SS and the Home were wrong to suggest it in the first place. They are taking advantage of your good nature, as are your mean siblings.
108 posts