Savings limits under the CRAG rules

All about money
Our 26-year-old severely handicapped daughter is in residential care. Her care is funded by our local authority and administered under the Charging for Residential Accommodation Guidelines (CRAG). Accordingly benefits are sequestered.

We are appointed by the Court of Protection as her deputies for welfare and for finance and property matters.

We have recently become aware that it is probable that our daughter will receive a legacy from a distant relative, and that this will mean that she has savings in excess of the maximum allowed under the CRAG rules (£23,250). This will have a significant effect on the arrangements for paying for her care.

The question I have is what are my LEGAL obligations regarding informing the local authority about this legacy, and where are these set out and enacted?

A further question is that under any such obligations what is the timescale when the local authority need to be notified.

Any additional comments or observations are welcome, we are aware of the discretionary trust provisions and have in fact got a family trust set up but the will specifically specified that the funds should go to our daughter.

I hope there is sufficient detail here for you to be able to comment constructively. I look forward to your responses.

Peter
This is a difficult one Peter, I think your best port of call would be to ring the Carers UK helpline as there are professional people there to advise you on this type of thing
@Nila, thanks for replying, I had already asked Lucy by e-mail and am awaiting her reply.

It certainly is a difficult problem especially as the Local Authorites use the CRAG rules to generate maximum cash by the maximum sequestration of benefits and ignoring the provisions for allowing increased Personal Expense Allowances for undefined "special circumstances".

@Brindleboy, thanks for you response, I am aware of the provision for a deed of variation , although I understand the the Authourity can challenge that.

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, I had already asked Lucy by e-mail and am awaiting her reply.


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Hello Peter - just to let y ou know that Lucy's stint with Carers UK ended at the beginning of March, it might be best to re-direct your email to the Advice Line (details can be found on the Home page)
@susieq, Thanks, in fact I sent it to the Advice Line although the salutation was to Lucy, so I am still hopeful!
Whilst I understand Peter has sent a PM to CUK, please would it be possible for the reply to be copied here, as it's an issue which others may be affected by.
yes, it is something I would like to know more about too,thank you.
I've highlighted this topic to Admin, but suspect this may be a question better answered by a Solicitor
Thank you.
I remember this being very complicated when a solicitor spoke at one of our meetings of the local Downs Assocation.(that was about 20 years ago).
Another problem is finding a solicitor with relevant experience, any recommendations?

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