If you parents are “self funding” i.e. have too much capital for their care to be funded by the council, did you know that it’s permissible for your parents to pay you to care for them? The Office of the Public Guardian has a leaflet (mine was SD14) which explains the situation fully. Some carers don’t want to do this, saying they will be happy with what they inherit in due course. However there are problems with this idea if parents later need full time residential care. Care home fees may be £1,5000 a week, which eats through any inheritance quickly.. If mum and dad pay you, in effect it’s safeguarding your inheritance and might, in due course, mean they are entitled to subsidised care. Pleas read the “OPG’s approach to family care payments” for more details.
Another useful piece of information from Bowlingbun.
The other side of the coin is that if Mum and Dad eventually become entitled to subsidised care and need it, the choice of their care may be at the mercy of social services, who operate with a limited budget. They may be offered a care service of lower standard than they would choose for themselves.
Has anyone any comments on this aspect?
There is a lot to consider. It may be that son/daughter doesn’t need the money, in which case they can save it just in case mum and dad need residential care later. It also protects the house for the family to inherit later. It might enable son/daughter to give up work and move in with mum and dad to care for them. It’s best to know what the facts are long before you get to the point of needing it. My eldest son lives with me, without his help I’d have to a smaller place as I’m disabled myself and have a large garden. I sleep in what used to be the garage, now a beautiful bedroom, the conservatory connects my room to the house. I deliberately designed it like this so in the event of me needing a nurse or carer they would not need to go into the main house. There is 8” insulation in most of the walls and roof.
There is a law under the care act that allows family to look after but social services ignore it and outright deny it’s possible.
Also, there is a law that says you cannot live with the cared for person/s to provide a service so they catch you out that way.
You need to show them the care act of they ignore it show it to the manager and tell of your care needs.
Also, if unsuccessful try using an advocate to speak for you.
Social workers like to invent regulations or refer back to rules that don’t apply any more! Family carers living in the same house can receive Direct Payments now.
Primary Act
Care Act 2014
Section 31 – Direct Payments for Adults in Need of Care and Support.
Regulations
The Care and Support (Direct Payments) Regulations 2014
Regulation 3(2) states:
A direct payment may not be used to pay a spouse, civil partner, close relative or a member of the same household unless the local authority determines that securing the service from that person is necessary to meet the adult’s needs.
A close relative includes:
Parent
Son
Daughter
Brother
Sister
Grandparent
Grandchild
Uncle
Aunt
Nephew
Niece
Therefore, under English law:
A son living with his parent can be paid from a direct payment budget if the local authority decides it is necessary to meet the parent’s assessed care needs.
The exact legal wording is found in:
Care Act 2014, Section 31.
Care and Support (Direct Payments) Regulations 2014, Regulation 3.
Also look at the Office of Public Guardian website which says it allows family to care for loved ones, and lays things out well, for people who are self funding.