MUMS TOP UP FEES

[JHR57]

Hope someone can give me some advice on my Mums care home costs....we have a house to sell and I have POA for finance but we have asked for deferred payments to allow us some time to sell the house....the care home where Mum was placed from the hospital and where she's been since 14th December 2020 is £750 per week and under the deferred scheme Social Services have agreed that they will pay approx £500 and there will be a top up of approx £250 which they've agreed will be paid under the deferred agreement....however In order for them to complete their paperwork they've asked me to sign a third party top up form....this form states £250 to be paid under the deferred scheme but I need to sign it for the paperwork to be completed...my Daughter asked them to put this in writing via email and they did but she's still very wary that they may still invoice me even though I have clearly stated I do not have funds to meet this amount without the sale of Mums property ...should I sign it because they say they cannot complete it all without it xx

[bowlingbun]

My understanding is that it is unlawful for an LA to charge a client a top up fee. Since mum is the client, and the sale of mum's house will ultimately be used to fund the charges, I think the LA may be acting unlawfully. Do NOT sign anything until you've taken expert legal advice. Maybe Age UK?

If the LA say they only pay £500 as a "ceiling price" that too is unlawful I believe.

Are you sure mum doesn't qualify for NHS Continuing Healthcare? That's free care!

[JHR57]

Thanks for your prompt reply as usual Bowling....don't think she'll qualify for continuing care.....I've explained numerous times to them that I simply don't have the funds to cover the top up ...apparently Mum will legally be able to take on her top fees if the payment is deferred according to said social worker and I do have emails in place that state they will not be sending me a bill its just paper work she says...I'm nowhere near 100% sure on what I'm doing...Age concern have said that the emails confirming they will deferred the top up should be legally binding but the feel they should be funding more than £500...they are sending me some factcsheetsvin the mail....I'm so so worried not sleeping totally stressed and I thought her beingbin the home would be the saving grace will this ever end...I'm running out if fight I'm afraid xxx

[Ayjay]

...I'm running out if fight I'm afraid xxx

That's exactly what they rely on to accomplish their nefarious deeds.

Just refuse to sign anything until you know for certain. You shouldn't trust LA Social Workers one inch.

[bowlingbun]

I reclaimed £8,000 for mum because Hampshire didn't apply the rules correctly.