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qualification for the 12 weeks disregard - Carers UK Forum

qualification for the 12 weeks disregard

All about money
I would like to know whether anyone has considered challenging the apparently discriminatory rules post CA2014 that disallow people who are already paying for their own residential care from benefitting from the 12 week disregard at the point that their non-housing assets fall below the £23,250 upper limit. My mother who has mixed dementia is in this exact position. She has been self-funding for nearly two years and now her assets have dwindled away. I have POA and have negotiated for her to enter a dpa with the local authority using her house as security. At a face-to-face meeting earlier in the summer I was quite clearly told by the person administering the scheme that she would qualify for the 12 week disregard and this would be reflected in the cost statements once they started arriving. However, after receiving the first statement which charged her the whole amount of the care fees for the first twelve weeks, I queried it and was told that because she had already been a self-funder, she would not benefit from the 12 week disregard. It is my understanding that pre CA2014, it was the case that at the point the assets dipped below the upper limit, the 12 week rule was to be applied, but that post CA2014 it is a discretionary matter for each LA. I intend to challenge the LA over the matter, but I'd appreciate it if anyone else has any experience to share or tips on key words or phrase that might be helpful.
Hi Gerry.

CA2014 ?

Care Act , 2014 ?

( Known to us as the " Should / Could / Would Act " )

Changes to the old CRAG rules ... fourth link down for the full sp.

By way of external information , the following links may be of assistance :

https://www.payingforcare.org/news/what ... ean-for-me

http://ageactionalliance.org/the-12-wee ... ld-get-it/

In .pdf format :

https://www.ageuk.org.uk/globalassets/a ... re_fcs.pdf

https://www.local.gov.uk/sites/default/ ... on-52b.pdf

The last two links are slightly heavy going but ... so is this problem.

Finally , a link to the Alzeimhers forum ... CA2014 mentioned ... changing the rules of the 12 week period :

https://forum.alzheimers.org.uk/threads ... nt.106578/
The CA2014 changed the rules with regard the 12 week Property Disregard. It now only applies if someone has reached the upper threshold for savings when they first go into a Care Home and have asked for Local Authority assistance.

Under the old rules of CRAG a 12 week disregard would come into affect whenever someone reached the upper threshold for savings. This happened even if the someone had been in a Care Home for some time. LA's had long argued that this should not be the case as the disregard should be for those that have unexpectantly (is that a word:confused:) found themselves in the position of having to sell a property rather than those that have sometimes had many years to decide what to do.

The CA2014 does allow the 12 week disregard for someone who is already in a CH if a property has been disregarded in the past but now is not (qualifying relative dies/moves).

If @hilaryd your Mum is self funding then she will not be entitled to the 12 week PD. If her savings are below £23,250 and there is a property to sell then that should change things but obviously a needs assessment has to be carried out first and the LA have to agree that the home you have chosen is suitable for your Mum's needs.


BEAR IN MIND THAT THE ABOVE IS A FORUM POSTING ... NOT A LEGAL ONE !
Hi Chris from the Gulag

Thank you for the various links which explain the situation - the fourth link was very helpful as it gives chapter and verse.

Now, at least I know the position from which I have to try to argue for the application of some discretion !

Gerry
Your welcome and ... good fortune.

Let us know how matters progress ( Or not ) ... it will help others in the future.