Important information

Care home contracts for self-funding residents

If you are self-funding your care and have a contract with your care provider, it is important that you seek advice from independent financial and legal advisors who will look through your contract and discuss any points with you so that you have a clear idea of what is expected from both parties.

Contracts should detail:

•  Cost of care.
•  What care is being supplied.
•  Timescale for review of contract.
•  Your legal rights and obligations
•  How to cancel a contract.
•  Length of contract.

Third party payments

The local authority will choose you a home that is suitable to meet the person’s assessed needs, subject to the following conditions:

• It doesn’t cost more than the local authority would usually expect to pay to arrange accommodation for someone with the same needs.

• The provider is willing to enter into a contract on the local authority’s usual terms.

If you decide to live in a care home that costs more than the rate the local authority pays, you will be given the opportunity to ask someone else to make an additional payment (usually referred to as a third party top-up).

If a friend, relative or charitable organisation agrees to pay the additional amount they should be made aware that fees usually increase once a year and that they are confident that they can make payments for as long as is required. The individual who is paying the top-up fee will be asked to enter a third party contract with the care provider.

If the payments stop then the care provider is within it’s rights to ask you to move to another home if someone cannot pay the top-up amount.

The Care Act changes the way that people pay for their care and support, the new regulations mean that you will be able to cover the difference yourself if:

Self-funding

If you are self funding your care because you are not eligible for local authority funding, there are certain forms of financial assistance you may be entitled to.

Will the local authority pay my fees whilst I am selling my former home?

If, apart from your property, your other capital is below £23,250 the local authority will help as above with the costs during the first twelve weeks of permanent care. Beyond that period any financial help will be charged against the value of your former home and recovered from the eventual sale proceeds.

Do I have to sell my property?

No, your local authority can lend you the money to pay for your care charged against your property value. However, they may limit how much they will pay. The local authority will not force you to sell your home.

The value of a house will not be included in the following situations:

 

 

•  You are not going into residential care permanently.

•  Your husband/wife lives in the home.
•  A relative aged over 60 lives in the home.

•  A child under 16, who you are responsible for.
•  A disabled relative or long term carer lives there.

If your situation changes you must let the local authority know when this happens. They may then include the value of your house, when they work out how much you have to pay.

Do I have to pay Council Tax on an empty property?

If you move into a care home and your property is empty then you should receive Council Tax exemption until it is sold.

What happens if I move into a care home independently and run out of money?

Once your capital reduces to £23,250 you should seek local authority assistance.

The Council will then meet with you to assess your eligible needs for Care and Support against the criteria outlined in the Care Act 2014. Depending on the outcome of this assessment you may need to continue to pay for care services.

But, if the home costs more than the local authority usually pays and home will not reduce its fees you could be in the difficult situation of either finding a source of top-up or seeking less expensive accommodation.

But, if the home costs more than the local authority usually pays and home will not reduce its fees you could be in the difficult situation of either finding a source of top-up or seeking less expensive accommodation.

For more information on paying for care, contact Bradford Metropolitan District Council Independent Advice Hub on 01274 435400.