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Attendance allowance and deputyship - Page 2 - Carers UK Forum

Attendance allowance and deputyship

Tell us a bit about yourself here.
As mum is in the later stages of dementia, her life expectancy will be limited. As you know that you will be the beneficiaries of her estate, I'm wondering if either of you were in the position to talk to your bank and ask for a loan secured on your own properties, which you could then repay with the proceeds of the estate, in due course? Not idea, I know, a lot depends on mum's total assets. Your situation just shows how important it is for everyone to get a Power of Attorney as a matter of course, years before they need it, just in case.
Fuming as wrote a long reply and it didn't submit!!!

Shortened version if I can remember it all - whilst Mum is 84 and has dementia she is in good health and her mum who may also have had dementia lived till 96! So no idea what will be left in the estate especially as we know she will have to go into a care home when she gets worse and/or we can no longer look after her (I suffer chronic pain from a spinal condition to complicate matters) and though she will get a nursing care payment it will be peanuts comparatively.

My sister will have to consider investigating any benefits which don't force her to work and compromise her caring time but not sure re loan as already has mortgage and not sure that she will actually be better off. We can probably use gifting to get round the couple of AA payments she has taken to date as specifically covered as ok in the order as long as reasonable for estate etc but don't think ongoing payments will work as high compared to what gifts she gave previously. We'll have to start adding petrol costs (my sister uses my Dads car) to her outgoings but this won't amount to much as my Mum doesn't go out much.

It's madness for the OPG to prevent us taking the AA for caring for her (although I fully understand what Crocus is saying) as it will cost more to get an agency in as they won't be able to do my sister's share for the same money and care home fees would be much much higher. How would that be in her best financial interests. We aren't keen on getting an agency in anyway until absolutely necessary as such bad press and haven't yet met anyone who's had a good experience of it.

Crocus, out of interest how would the Health order help with the financial side? We instructed said useless solicitor to apply for both but it turned out he only applied for the financial one. We'll have to start all over again for that.

I'll be appointing a new solicitor shortly to start the probate for Dad & will see what views they have on situation and will definitely ring CUK some time next week. Have concerns about a couple of other areas whilst ruminating on this and am loath to query with OPG in case another can of worms opened.

Yep, that was actually the short version! Thanks for everyone's input so far. So glad I found this forum as it helps just to get it off my chest and have a mild rant.

C
I was curious as to why you say that neither of you can claim CA. Are you quite sure? The only hard and fast exclusion is for folk over pensionable age, (though even that is not strictly true due to the premium) and private income from investments, pensions etc, don't count as earnings. And there are lots of ways to get round the notional earnings threshold too.
Scally, we've checked the rules. I earn too much and my sister doesn't work the minimum number of hours. She's now considering renting out her house as a last resort (not to live with us though) which would at least cover her mortgage but wouldnt actually provide much extra to live on if that. That also would then put her over the earnings limit for CA so foiled again! She possibly does exceed the minimum hours on occasion but this is just when she has the time available. Actually applying for one off weeks probably wouldn't be allowed and would cause a hell of a lot of paperwork anyway. Possibly we'd have to think about her increasing her hours to meet the minimum on a regular basis but she has other commitments which might make it difficult.

Everything's such a minefield and as soon as you do one thing to help solve a situation it causes a problem somewhere else.

C
I don't think rental income counts as work income, it counts as unearned income which is OK, but its worth checking. Also there are ways and means of earning in excess of the earnings limit of £110 by deducting loads of other expenses such as 50% of pension contributions.
Carers Allowance rules state that you must spend 35 hours a week caring - that's an average of 5 hours per 24 hours.

You don't actually say how many a hours a day/week your sister is with your Mum - but I suspect that you may have not taken into account things like doing her shopping, housework, preparing and cooking meals, taking her to appointments, sorting out paperwork etc. Even staying overnight, sleeping in the same house would count. Caring for someone involves a whole lot more than just the hands-on physical side of things.

When my Mum received AA she used to 'pay' me a portion once a month towards the expense of running my car - which was to her benefit as I took her everywhere; other expenses she/we used it for were to pay for a gardener and a window cleaner ( When she finally moved into a care home she was still able to claim AA but then it went towards the fees for the home (she was self-funding). I wasn't able to claim Carers Allowance because by the time I was caring for Mum I had retired and was claiming state pension.
C_1507 wrote:Crocus, out of interest how would the Health order help with the financial side? We instructed said useless solicitor to apply for both but it turned out he only applied for the financial one. We'll have to start all over again for that.
COP very seldom grants Health and Welfare and even then its usually for specific things like turning off machines that are keeping someone alive. The day -to-day H&W is usually only granted in exceptional circumstances Im afraid, so it might not have been your solicitors fault that you didnt get it. If you did go for it you might end up with paying all the court fees etc only for your request to be turned down.

If you are going to go for petrol expenses, check with COP how much you can claim. I seem to remember that you are allowed to claim for petrol, but they have set mileage. I cant quite remember how it works though. I would strongly recommend that anything that you are paying to yourself you should check with COP that it is OK

I am discovering for myself how restrictive COP is and can only endorse Bbuns comment that it just goes to show how important it is to get POA. Not that that helps you, of course.

Like Scally, I though that income from rental didnt count as earned income for CA purposes- definitely worth checking up.
crocus wrote:I seem to remember that you are allowed to claim for petrol, but they have set mileage.
Sorry - I didnt express myself very well there. I mean that you can claim a set amount of money per mile. I cant remember what it is though. I was told that I could claim this as mum lives a fair way away from me. I would have to keep records of the mileage and the dates I traveled to see mum. I havent actually claimed this though, so I cant remember the details.
There is another solution. Your sister could relinquish her role, then you could pay her the going rate for being a carer. CUK provided me with information about a relevant decision involving what constituted "care". It can even cover being on call, ready to care. As a result I became eligible for CA for my son, when he was home from boarding school, at weekends. The CA Unit said I wasn't entitled. Thanks to CUK, I was!!!
Treasury rate is 45p per mile.

By the way, I had a chuckle at this:
COP very seldom grants Health and Welfare and even then its usually for specific things like turning off machines that are keeping someone alive.
Hopefully not quite yet, though give this heartless government another chance and who knows? :o :shock: :cry: