Has anyone successfully negotiated more money from their local authority (above the usual upper limit) to pay for care home fees? How did you do it?
I was told today by a care home manager that she’s done this on behalf of residents, and that have the right to push back and ask for more for someone with high needs.
It is unlawful for a council to set a ceiling for fees, there must be places available locally which meet people’s needs, so if needs are higher they must pay the full cost of that care, unless the person concerned is self funding.
I once reclaimed £8,000 from Hampshire after they overcharged mum. Fortunately I knew all the rules, clearly the manager I met was used to being rude and bullying people. Didn’t work on me though!
I had no idea! Would you be happy to help me with a bit more advice?
What part of the Care Act do I quote, etc?
Google Luke Clements Care home fee ceilings. He’s one of the most knowledgeable lawyers on this sort of thing.
I think the care home manager may have been referring to funded nurse care or CHC.
LA’s do have an upper limit on what they will pay for home care, its based on what the majority of local care homes in that area charge, in every area there are going to be care homes considered the very best, the LA will not fund extra for these unless topped up by family.
What often happens is the care assessment will suggest residential care, this is cheaper than nursing, but after a while the care home recognises there are nursing needs. a new assessment will have to taken and if agreed on nursing needs they will then increase funds ( the NHS also contributes) obviously the home needs to registered as both residential and nursing otherwise they could not provide nursing care.
The other option is CHC which is fully paid for by the NHS, its not easy to qualify and its not set for life, they reassess and can stop the funding, in some cases the family have moved their parent etc into a better care home only for them to have to be moved back later as CHC is stopped and the LA will not pay the extra fees to stay in that home - very sad but it happens
The manager said that council money is in addition to FNC and CHC as she’s negotiated with local social workers before. I’ll clarify this though.
We are currently going through a CHC appeal and will request a new assessment.
Haven’t applied for FNC yet as mum’s currently in hospital and not yet in a care home.
Thanks. My step dad was saying this morning he needs to talk to a solicitor so I’ll point him in Luke’s direction.
CHC should cover everything. Maybe read up on it? Make sure you are present at a checklist assessment, and arrive early for it.