Council pressurising me to sign 3rd-party top-up contract

[almostgrownup]

My father and step-mother have been married 40 years. Two years ago my
step-mother had a stroke and moved into a care home while my
father continued to live in their home. He went every day to visit her for
three or more hours. In the last few weeks he has been ill and deteriorated rapidly, requires a catheter, had a fall and now cannot walk. He is in currently hospital but is deemed medically fit for discharge.

He has been classed high dependency as he requires two people to move him.
The hospital social worker is arranging a 6-week care home placement for him, so I naturally asked for the care home my step-mother was in. The 6-week placement will probably turn into a full-time arrangement as he cannot walk.

However it turns out that my step-mother's care home is more expensive than the council is willing to pay for. They want me to pay a 3rd party top-up of £140 per week and have sent me an open-ended form requiring my signature. If I do not sign it they say they will move him on Monday or Tuesday into a cheaper care home which does not require a top-up fee.

I feel very pressurised by this as I was only informed today about the 3rd
party top-up, and naturally I want my father to be with his wife, who is
herself distraught about his unusual absence. Please advise what I can do. We
cannot afford £140 a week long-term, though could maybe manage it for the initial six-week period. Many thanks for any suggestions

[Pumpster]

Do they have a property? Does your father's care not require a top up? I work for finance assessments so I can probably help.

[almostgrownup]

Thanks pumpster. Yes my father and stepmother do own a home, it's been standing empty the last couple of months since he got ill. It is my father's care that requires the top-up, because the council says the home's weekly charge is more than they are willing to pay.

[scaryteacher]

Don't sign it - look into letting the house if neither will be coming home and use the rent to pay the top up. Do you have Power of Attourney for them?

[almostgrownup]

I don't think I will sign it, I can't possibily commit myself to paying £140 a week indefinitely. The council says that the third party top-up can't be paid by the person in the care home themselves, or by any of their property or estate. It has to be paid by family, friends or a charity. But if I don't sign, they will put my father in a cheaper care home and he will not be together with my step-mother (i.e. his wife).

I can't believe I haven't heard of this before. You hear about people being forced to sell their homes to move into care, but you don't hear about their children being made bankrupt in addition. Anyone with elderly parents, beware.

I don't have power of attorney but I don't think it would make any difference to the council's position.

[RedHelenB]

If it is just for six weeks could you not pay it & then get the money back off his pension? If it's permanent then the house will have to be sold in any case.

[AgentProvocateur]

But the council will pay your father's care home fees - just not for what is presumably one of the dearest homes in the area, which is fair enough. Your talk of being made bankrupt is melodramatic. You either need to sell his home to pay the top up or find the money. There are lots of us in the same position

[feedthegoat]

Redhelenb - the problem with that is that his pension will need to be contributed towards his care. Even if the property is sold you still have to contribute ongoing income in the meantime. This would also include any income generated by renting the property. And presumably after the 6 weeks if care ends then would he be able to repay you and still make ends meet?

I think a lot depends on whether you honestly think this is going to be just for 6 weeks or a permanent thing. Also, is your step mum paying a top up? Because if your dad has been paying this then what will happen now. Does she have capacity also and would she consider both of them moving together if this is even possible?

[feedthegoat]

Redhelenb - the problem with that is that his pension will need to be contributed towards his care. Even if the property is sold you still have to contribute ongoing income in the meantime. This would also include any income generated by renting the property. And presumably after the 6 weeks if care ends then would he be able to repay you and still make ends meet?

I think a lot depends on whether you honestly think this is going to be just for 6 weeks or a permanent thing. Also, is your step mum paying a top up? Because if your dad has been paying this then what will happen now. Does she have capacity also and would she consider both of them moving together if this is even possible?

[AgentProvocateur]

Sorry - I've just read my post back and I didn't mean it to sound so unsympathetic. I do feel sorry for the position youre in with your DF and DSM both in homes.

[IDontDoIroning]

The council will have calculated his maximum contribution to the care home taking into account all his current income and capital . They then take that against what the care home costs. They can't make him pay over the calculated maximum. If the care home costs more then it had to be topped up but not by him as he can't pay any more according to the calculation.
This is why they need you to sign to agree to pay the top up.
I think they can't take the property value into account for short term respite which is why they are asking you to top up.
You need some good advice here.
If he was to need full time care their house would have to be sold. Up until now your df house would have been disregarded from yr sm income in calculating her fees as yr df needed somewhere to live. If he needs care also their income snd capital from the house will be split 50 50.
This may eat up the capital very quickly.

[feedthegoat]

3rd party top ups aren't just for short term respite care.

The council will have a negotiated contracted price that it pays weekly to a home for care. Say for instance £400 per week. They then financially assess a person for their contribution towards this care. A person has to contribute all their income less a personal allowance and the council will pay the rest (or allow the debt to accrue until a property sale).

A third party top occurs when rather than the social worker placing the person in a home which charges the contracted rate, you choose one independently which is more expensive them the councils contracted maximum. If their max is £400 and you choose one at £550, then you have to pay. And it can't be paid by the individual as their assets and income have now been assessed to pay the ongoing charges.

[almostgrownup]

Thanks to all who replied. Feedthegoat, I think you are right in your summary. The care home my father has chosen is more expensive than the council's contracted maximum, only he happens to have chosen it because his wife is in it, he hasn't just chosen it randomly because he wants a bit of luxury.

I can't use any income from his pension, savings, rental or house sale to go towards the top-up fee, just as feedthegoat says. It would have to be my own money.

My family can't afford £140 a week, that's more than £7000 a year. I doubt many ordinary families could afford this amount.

I'm going to ask the council to look at it again, taking my father's and step-mother's emotional health and mental well-being into consideration.

Thanks again.

[trixymalixy]

Could your step mother move care homes to be in the cheaper one with your father or would that be too disruptive for her?

[almostgrownup]

Good idea trixy. My stepmother would do anything to be with him. I will ask the council.

[AgentProvocateur]

Generally, the council will agree a flat rate (akin to bulk buying) with several homes in the local authority area. These homes would charge different rates to people paying privately. It might be a good idea to find out A) which homes the council has the rate agreement with B) their Care Inspectorate (or English equivalent) reports, which will be online and C) their rates for private payers. Obviously, the dearest isn't always the best one, but generally those that charge more per week may have better staffing ratios or larger food budgets.

Finally, some homes will offer double rooms for couples, so you might want to take this into consideration too, but there may be a waiting list for these rooms.