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THE COUNCIL, THE NHS AND YOUR HOME

TWO ARTICLES ON CHCs, CARE HOME FEES AND HOW PLANNING CAN HELP (2-3 MINS READ EACH)

CARE HOME FEES   ARE THEY INEVITABLE?  DO I ALWAYS HAVE TO PAY THEM?

 

… and on how you being BEFUDDLED is to everyone else’s advantage.

The truth behind whether you have to hand over your home for care home fees

 

This is such a vast area that I could do a number of articles on this and perhaps may do.  I am splitting this article into two.  Each article is 2-3 mins read.

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From FB post "TWO LINKED ARTICLES that are my current Spotlight feature include the minefield of CHC assessments.

Approx 2-3 minute read each. The issue of our elder care concerns every one of us because that will be us one day.

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THE ONLY PERSON WHO IS ACTING IN YOUR BEST INTEREST IS YOU

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It may surprise you to know how easy it is to minimise the pain and heartache of a sudden or gradual need for care, whatever your age. Preparing for your future with the right support using our NETWORK OF EXPERTS who all work together for you, is not just for the wealthy or older, it is designed to find solutions for everyone. Are you planning on buying a home, getting married, starting a family or planning how to distribute your assets? Now is definitely the time to call us.

You can have useful discussions and advice with each of our very experienced experts in planning, free : Estate Planning, Financial Advisor, Mortgage and Protection, Accountancy and preparing for elder life changes. Often the bigger issue is your time and fullness of life. So, ask yourself where you would want your time to be directed if your life or your loved ones’ lives were turned upside down if something happens? Do you want to all to live your best life possible no matter what happens?

Planning can achieve that.

The plans you may need can be much more accessible than you think. To be effective you MUST do this whilst you have the foresight, health and means. A relatively small investment in planning now, whatever your age or circumstances, has an enormous payoff in the future. Is there another investment that can claim such a return?

Thousands are recovered in wrongly claimed care fees (resources within article), inheritances lost, elderly not well cared for, lack of funds and much of it is avoidable. You do not have to feel powerless. If the later years are arriving and you need advice and support for yourself or a loved one on life changes and planning, we can help with that too.

TIMELY PLANNING AND SUPPORT CAN MAKE SO MANY OF THESE ISSUES COMPLETELY AVOIDABLE, SUCH AS LOSING YOUR HOME AND THE INHERITANCE TO CARE FEES.

Don’t put it off, add it to your To Do list, then call me.

Contact me today to book a free no obligation discussion"

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ARTICLE ONE

 

This is an area fraught with misinformation.  (The polite way to say lies and sensationalism).  It is usually because a) misleading headlines designed to frighten you create clicks and reads and b) you being led to believe something that is not quite true, is to someone else’s advantage. 

 

IN SHORT :  NO, YOU OFTEN DON’T HAVE TO HAND OVER YOUR HOME AND THERE’S A FEW VARIATIONS ON WHY AND HOW BUT DON’T EXPECT ANYONE ELSE TO BE ACTING IN YOUR BEST INTEREST

 

MY DISCOVERY

 

On researching my planning services whilst forming my Life Care Planning, I was astounded at my own level of “blissful ignorance” over the whole subject, an area I thought I was reasonably “in the know” and of course, I believed all these systems are tried and tested, so can be trusted.  I mean, we all read something don’t we, perhaps the papers, articles, adverts, listen to the news, so I expect most of us think we know how this works, roughly.   Even those working within this system are operating as though you have no choices (Ive heard some horror stories), but it is simply not true.  I have concluded this befuddlement is precisely why it is possible for certain organisations to take advantage and, it seems, they are doing so.  Care home costs are being obtained they are not necessarily strictly entitled to. 

 

Where does Tipi Wills & Planning come into this?  I simply cannot justify offering fixes that I charge you for, which is adding to this befuddled set of misinformation.  Of course, I can offer planning services and trusts to protect your property as you wish, but some of it simply may not be needed (and as such can cause problems further down the line).  Professional and ethical business requires me, in my mind, to work with you to remove any befuddled state first.  Once you are confident you are clear and not at all befuddled, eg, where you may have consulted expert people and taken the right advice, then we can get together to do informed planning, which may avoid the need to consider using your home for Care Home Fees altogether.  Working in your best interests is always what a professional should do.  It should not put the selling of products and services before having consulted with you properly first.  That is the traditional nature of a professional service.  Whilst some may think it is an unnecessary expense, the crammed court system testifies differently when people find things did not work the way they wanted.  Tipi Wills & Planning can provide a connected service of experts and point you in the direction of experts regarding CHC and Care Home Fees.

 

Within our systems of care, it has almost become an acceptable norm, that age befuddles your entitlement to NHS care.   Once you reach a certain age where health conditions make your life difficult and further medical support is required, that can be now be transposed into you requiring “social care”  rather than “medical care”.  What does this mean?  It means the Local Authority is given the right to demand payment from you.  The distinctions between what that care is, social care or medical care has become befuddled, that word again.

 

The fact that you may have been diagnosed with a medical condition can sometimes not be given the weight it should.  The more tick boxes that can be marked for social care as opposed medical care, the more likely you are to find yourself being asked to cough up.  I discovered the hoops and hurdles we have to jump through to get a fair and reasonable Health Care Assessment (CHC) for our loved ones is not transparent and easy to manage.  I became passionate about the fact that AGE SHOULD NOT PREVENT ENTITLEMENT TO NHS SUPPORT.  Whilst we may be very good at our medical care for young and elderly alike, there certainly seems to be a great deal of CHERRY PICKING taking place in order to divert responsibility towards the elderly person and their assets.  This has been so successful that many £1000’s has been paid to Local Authorities which families (and Executors) have succeeded in later recovering.  Because of the success in identifying when these payments should not have been made to the LA, and the fees having to be paid back to families, the govt have put a time limit on the ability to make a claim.

 

As an example of one aspect, see this excerpt from “continuing-healthcare.co.uk” Compass :

“”  Once your continuing healthcare (CHC) assessment has taken place, the NHS health and social care professionals involved with your care will recommend whether you are eligible for funded care. This recommendation is forwarded to the Integrated Care Board (ICB) responsible for funding in your area. The ICB will decide whether to accept or decline your assessment results and, if upheld, the level of care and support package available to you.

The ‘National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care’ gives clear guidelines to all ICBs and local authorities on the timescales that should be followed. It makes clear that the time between the checklist being received by the ICB and a continuing healthcare funding decision being made should not exceed 28 days.

If the timeframe is longer than this then funding should be met by the NHS whilst a decision on eligibility is met.  At Compass CHC we have experienced examples of significant delays where individuals have been expected to pay for their care in full.  This is not correct or acceptable.  If you are in a similar situation do not hesitate to contact us today.

https://continuing-healthcare.co.uk/continuing-healthcare-guidance/waiting-for-a-continuing-healthcare-decision/

 

Compass say they “”specialise in securing funding from day one and assisting families with the process from the outset.  Don’t wait until a negative decision has been made and it is then necessary to appeal the outcome, this can take many months and all the while the patient will have to pay the cost of their care””.  (I am not recommending them as I have not used their services.  I am illustrating that such an organisation exists due to demand because of the minefield and misinformation surrounding CHCs).

 

FOR FREE HELP, SUPPORT AND ADVICE ON CHCs and CARE HOME FEES

 

It is essential that you are aware how easy it is to be left befuddled and that no other person is acting in your best interest.  It is also essential in most people’s books, that you are not handing over your lifetime’s work and family inheritance based on misinformation.  Planning via your Will and trusts and expert financial advisors would likely avoid this issue altogether.

 

A charity that I think very highly of, that provides a mass of information, support and advice lines, as well as legal services is Care to be Different.  It was because I was reading their very thorough and detailed information, that my befuddled state lessened and woke me up to the world of this particular misinformation.  https://caretobedifferent.co.uk/retrospective-claims-for-chc-claiming-interest-and-tricks-of-the-trade/

 

MY VIEW IS, DO NOT AGREE TO FINALISE CHC ASSESSMENTS OR AGREE THAT CARE HOME FEES ARE PAYABLE UNTIL YOU HAVE CONSULTED WITH PEOPLE EXPERIENCED IN THIS.  JUST LIKE YOU WOULD IF YOU WERE DEALING WITH ANY OTHER PERSON/ORGANISATION AND CONTEMPLATING HANDING OVER £250,000, YOU SHOULD OBTAIN EXPERT INFORMATION FIRST.  MAKE IT STANDARD PRACTICE ONCE IN THIS SITUATION.  CONSIDER ANY COSTS OF DOING SO A SMALL INVESTMENT TOWARD PROTECTING WHAT CAN BE LARGE SUMS FOR INHERITANCE. 

 

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ARTICLE TWO

 

Your CHC assessments include financial assessments and will state if you need to contribute now, or later on by arrangement, to the care and what portion if any, should be provided by the NHS.  This can be vast sums sum of money.  Many families have recovered £250,000 and more.   In no other circumstances would you ever trust someone that is is ok to simply be told you owe it, and you would hand it over !!!!  The combination of the NHS, the CHCs and the LAs are not acting, on any level, in your best interests!  However, someone you engage to ensure that all is as it should be, will be acting in your best interests.  If you incur costs against such a potentially large saving, it must surely be worth it. 

 

So, HERE’S THE GOOD NEWS You do not have to remain befuddled or overwhelmed or manage this on your own.  What you can know for certain, is that you do not have to take anyone’s word for the fact that you need to hand over these sums of money, whatever the assessments given to you.  They are too often incorrect.   You do not have to fight alone.  There are organisations and services to see you through, or around, the minefield to ensure the information you are being given is correct.  I am seeking a person experienced in this area to offer a consultancy through Tipi Wills & Planning.

 

I am going to point out here, the wonderful work that Adult Social Care and NHS services do.  They are all working toward strict guidelines and rules and have to work within systems laid down which do not always work in their favour either.  The big lesser understood point here, is that YOU DO HAVE THE POWER AND THE RIGHT TO CHALLENGE THAT THE WHOLE PROCESS IS CORRECT AND IS IN YOUR BEST INTERESTS.  This is important where you can feel powerless.

 

I would suggest that whenever you are in the position of contemplating handing over any [large sums of] money, you do not agree to do so until you have taken expert advice on both the CHCs, the financial assessment and CARE FEES.  Please note, timing is very important.  You must act promptly.  I have illustrated how you may do this via a company or charity.

 

THE CAP 

 

We were all delighted, that finally, after a number of years of battling, the Conservative govt announced a cap on residential care home fees, of £86,000 ready to take effect in October 2025.  But, in the spirit of further befuddlement, I have only recently learnt that the current Chancellor has cancelled the cap.  Did this make headline news?  If it did, I somehow missed it.   If ever I were to use emojis in an article, there would be a string of crying faces here.

 

SOME FACTS

 

IF (note the big IF) you do have a requirement to contribute, or pay fully for your care home fees, then this is what you should know : 

 

It is not always avoidable I know.  There can be good and necessary reasons to go down this route.  BUT (big but as well ..) there are absolutely ways to avoid having to consider this!  It is not inevitable !   Good planning can give you the power to take control of your future and provide the care that may be needed whilst avoiding the issue of care/nursing homes and/or significantly minimising it.    

 

For example, did you know that if a person is receiving homecare, the value of a person’s home is NOT counted in the financial assessment.  It should not be used when deciding their contribution towards the cost of this type of care. 

 

  • If the person is receiving care at home, the value of the person’s home is counted in their financial assessment.  It should not be used when deciding their contribution towards the cost of this type of care.

 

  • An LA has a three year time limit on seeking to recover care home fees (executors note).

 

  • Currently, in England, if a financial assessment shows your capital is above £23,250, it's likely you will be expected to pay all of your own care costs.If your capital is under £23,250, you will pay what you can afford from your own income, and the local authority may contribute towards the fees.(In Scotland and Wales its £50,000).

 

  • The LA is not automatically entitled to force you to sell your home. All Local Authorities must offer a DPA scheme, Deferred payment agreements.This can be fraught and again, it may be best to consult with an expert.

 

  • The value of the person’s home should not be taken into account for of them living in the care home.This is called the ‘12-week property disregard’. This may mean that, during this time, the local authority will pay or contribute towards the fees.The property disregard will end if the property sells before the end of the 12-week period.
    To benefit from the full 12-week property disregard, let the local authority know before you become a permanent resident. This grace period can enable the family to arrange to sell the home, or speak to the local authority about other options.

 

  • There are some situations where your home will not be taken into account, even when paying for care home costs. This is when one of the following people also lives in the property, and will continue to live there after the person has moved into a care home:

  • a husband, wife, civil partner or partner

  • a close relative over the age of 60

  • a dependent child

  • a relative who is disabled or incapacitated.

  • The person’s house might also be the permanent home of someone who has been caring for them, such as a friend.

  • For as long as the carer is living there, the local authority has discretion to decide whether or not to include the value of the home in the assessment. This is more likely to apply in cases where the carer has given up their own home to care for the person with dementia, but it is not mandatory.

 

Again, this is not an easy thing to navigate alone and you are usually not told that there are organisations who can actually support you and act in your best interests.  That is distinct from charity pages that provide a host of information that you are likely finding out, but not necessarily give the support you require.   I would highly recommend if you find yourself in these circumstances, that you seek advice and support.  It is there and I have given examples.

 

Here is an informative article written by Which?  The question they address is “Can the council take my inheritance to pay for my grandmother’s care?

 

Which? Advised the questioner that her grandmother had paid out thousands of pounds in care fees that should have been paid by the council and that she should challenge and recover them.

https://www.which.co.uk/news/article/can-the-council-take-my-inheritance-to-pay-for-my-grandmothers-care-ajDgv5S9Ds7m?fbclid=IwY2xjawIEWJRleHRuA2FlbQIxMAABHTBBDMfnrP2TyZeZSebD2qdqLS7tUEJYAPa2pDOs43VljlhRLDu99I9hYA_aem_frEdD9jvFbIU0ZGnCQoRbg

 

 

PLANNING – HOW CAN IT HELP?

 

There are a number of things you can consider.  Who and what experts do you need to consider to facilitate your planning?   At Tipi Wills, we aim to bring as much as we can together in one network of services.   We will consider if there is family around you to discuss options with.  Various options may be available to you.  For example, whatever your age, you may like to consider assets that could be liquidated in the future, or consulting regarding a life assurance to cover carer and funeral costs or what part your pension can play in your planning.  You may consider what is needed to keep care at home and avoid the issue of care home fees altogether. 

 

Is any part of the family able to join assets with you and provide part of their home for your independent living eg by way of an extension or use of a granny annexe.  We would look at how such a gift will affect your tax and beneficiaries.  Is there a mutual arrangement that can be reached?  Can we look at how we would fairly distribute your assets between other children/family in such a case?  Are you considering sheltered accommodation and wish to look at your assets, potential carer costs, inheritance tax?   We will support you in starting what may be difficult conversations, or planning for a future you are not yet sure of, but would like to start preparing for.  Things are not usually written in stone, things change.  Your planning must be able to do that with you.  Whatever the structure of who you call family and those you care about, and whatever the plans you have for yourself and your own care, we can discuss and find a plan that you can put in place. 

 

It is important to most of us, that we feel that we are not beholden to any organisation or person around us and that we retain as much control, independence and certainty as possible, as well retain our assets.  With planning you can achieve this.  Don’t just pay someone or some site for a document with no consultation or planning and accidentally hand over control of all your affairs (very common).  Even if you are appointing attorneys and executors for your will, creating your Advance Care Plan and so on, you have more control than many realise.  You can set any conditions you like, state what they can and cannot do, and when they can and cannot do it!  Avoid handing over your private affairs to anyone, keep control and plan with someone who has taken the time to enquire after your plans, wishes and circumstances.

 

Contact me

info@tipiwills.co.uk

01727 807169

Be in control.  Be Certain

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