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Housing & benifits - MIL discharged into care

(56 Posts)
CrazyladyC Mon 20-Nov-23 20:58:52

Hi I'm new to the forum and desperate for advise.
My mother in law had a severe stroke and is unable to return to her home.
She is being discharged to a care home tomorrow.
She has a local authority bungalow and is on housing benifit and pension credit.
She didn't give anyone power of attorney and now can't talk.
We have heard nothing about next steps.
Can anyone tell me who I need to contact to sort these things out?
Thanks

icanhandthemback Fri 24-Nov-23 15:35:11

SuperTinny, what you don't say is that the NHS do not volunteer the information about CHC and will try to dissuade you from applying. Social Workers are also very negative about applying. I was told that unless you were in end of care, you won't get it. That is NOT what the law states. You have to fight for it in many Health Authorities and you absolutely shouldn't have to. It is a disgrace.

Nelmar53 Fri 24-Nov-23 11:28:59

Contact your local social services office ASAP and also get a community social worker to help with all these financhal things...
Its very important for you to do it asap..to get things rolling i was in a similar situation with my mother 14 years sgo...get all the advice you can. Its a pity theres not a power of atorney.. as it makes everything so much more easy...its stressful enough...
I wish you well xx

Katyj Fri 24-Nov-23 05:33:57

SuperTinny

I work in the health care sector. In my experience (both professional and personal) the families who get the most support are the ones who do very little and expect others to do the running. Whether this is by accident or design you never know, but if its by design then they are being very canny!
There is a government fund called 'continuing care' which is rarely mentioned. The social worker will know if your MIL is eligible but as others have mentioned before me do not agree to pay any top ups.
It is a minefield but my top tips would be:

Do not be too eager to volunteer any information, especially financial. Answer questions to the best of your ability as they arise but don't volunteer more information than necessary.

Allow others to do their job, especially the social worker. Don't volunteer to make phone calls or follow stuff up for others. Agree only if you want to and feel confident.

Feign ignorance, or simply say 'I don't know'.

You will get push back from care professionals. Agree to nothing.

It will seem like everything is happening all at once at the moment. Do not let this situation overwhelm you. Give it time to settle, give yourself time to be clear in your head about what needs to be done, when and by whom.

If you are happy with your MIL's care at her current placement do not be in a hurry to change things. She is safe and being looked after. Everything else will simply take the time it takes. It's not a race, even though others may make you feel it is.

It sound like things are beginning to fall into place. Wishing you all the best.

Good advice thank you. I’m just trying to sort a care home for my mum, currently in hospital. It’s definitely a learning curve.

SuperTinny Fri 24-Nov-23 00:17:15

CrazyladyC: you don't mention whether there are any of your MIL's own children to deal with this? Are you next of kin? If not leave it to others.

SuperTinny Fri 24-Nov-23 00:07:15

I work in the health care sector. In my experience (both professional and personal) the families who get the most support are the ones who do very little and expect others to do the running. Whether this is by accident or design you never know, but if its by design then they are being very canny!
There is a government fund called 'continuing care' which is rarely mentioned. The social worker will know if your MIL is eligible but as others have mentioned before me do not agree to pay any top ups.
It is a minefield but my top tips would be:

Do not be too eager to volunteer any information, especially financial. Answer questions to the best of your ability as they arise but don't volunteer more information than necessary.

Allow others to do their job, especially the social worker. Don't volunteer to make phone calls or follow stuff up for others. Agree only if you want to and feel confident.

Feign ignorance, or simply say 'I don't know'.

You will get push back from care professionals. Agree to nothing.

It will seem like everything is happening all at once at the moment. Do not let this situation overwhelm you. Give it time to settle, give yourself time to be clear in your head about what needs to be done, when and by whom.

If you are happy with your MIL's care at her current placement do not be in a hurry to change things. She is safe and being looked after. Everything else will simply take the time it takes. It's not a race, even though others may make you feel it is.

It sound like things are beginning to fall into place. Wishing you all the best.

icanhandthemback Thu 23-Nov-23 21:24:07

There should be a financial assessment to calculate her financial contributions to care costs

No, this should be done after the assessment for Continuing Health Care. This is the mistake people make. This then means that Social Care is introduced rather than CHC. If a stroke has caused the need for care and the medical needs out weigh the social needs, then CHC should pay. This means the family would not be allowed to pay top up fees and a wider range of homes to meet her needs would be available.

4allweknow Thu 23-Nov-23 21:11:51

Who assessed MIL as suitable for care home? Is it temporary or permanent? Whilst unable to talk, can she comprehend what is said. Someone must have told her what is happening, there is no way the hospital can just discharge your MIL without consulting her or a representative. Usually once admitted to a care home there is a 6 werk period for settling in and for the hone to ensure her needs can be met. Nothing changes during the six weeks. Once confirmation is hiven MIL will be a permanent resident then benefits etc will change. If her stay in hospital has been for 6 weeks or more DWP and agencies for benefits should have been informed as they will be cut or withdrawn. I'd definitely want to know who told MIL she was gojbg to a care home and, who chose the home for her. There should be a financial assessment to calculate her financial contributions to care costs, sicial services usually arrange that. As to her house, as stated 6 weeks should be allowed to ensure MIL will be remaining in a care home. Then the Housing Association will obviously want notice for her tenancy. Check the tenancy conditions. Apologies if I have misunderstood your post, you sound in a real panic. Not being able to speak, doesn't nean your MIL cannot make decisions.

icanhandthemback Thu 23-Nov-23 21:04:50

DWP can issue penalties, I think it is £50. The best thing to do when someone goes into hospital is to let them know as soon as possible. They will work out when the 30 days are up and stop payments at that time. If you leave before then, just ring them and let them know so the payments don't stop.
The reason it is best to ring them as soon as possible is that if you have more than one stay within a certain period, it is counted as part of the 30 days.

Notagranyet1234 Thu 23-Nov-23 20:52:36

Have a look for carer support charities in your area, ours is amazing

Primrose53 Thu 23-Nov-23 20:21:40

Megslotts

welbeck

you need to contact DWP asap.
there are penalties for not reporting a change of circumstances.

They just ask for the money to be paid back.

They can issue penalties!

When my Mum had a serious fall and was in hospital for a total of 9 weeks in 2 different hospitals we were so worried she might not survive. I was travelling a 60 mile round trip every day to visit her and was mentally and physically exhausted. I suddenly remembered I should contact DWP and did so immediately and told them she was in hospital. They wrote me a very curt letter and issued a penalty which was quite a lot and which I had to pay for not telling them sooner.

icanhandthemback Thu 23-Nov-23 20:16:36

Please look at the Care to be Different website as if your MIL's problems are medical she should be assessed for Continuing Health Care (CHC) which would pay ALL your mother's care fees. This is never suggested by anybody within the NHS but it is actually illegal for the Social Care to pay for care costs when it is medical care. There is also a CHC help page on Facebook and there are people on there who can help you make your case.

Care to be different:
caretobedifferent.co.uk/category/paying-care-home-fees/
Facebook:
www.facebook.com/groups/241799995867413

win Thu 23-Nov-23 18:34:47

Fully agree Mollie3 it should compulsory once you marry and have responsibilities. Also part of the teaching in schools.

Mollie3 Thu 23-Nov-23 16:46:43

After experiencing various situations, within my family, of elderly relatives and their "care" when they could no longer live at home; I have a POA, a Will, organised my funeral and was in the process of putting my name on the waiting list (it can take years) of a care home of my choice, just in case I will need one. Unfortunately I discovered the said care home is in dire straights, so back to the drawing board.
We should all plan as much as we can, for our end of life and save our families an awful lot of stress. Only two certainties in life - death and taxes.

Germanshepherdsmum Thu 23-Nov-23 16:18:15

Alternatively the local authority can apply for deputyship, something I often did when the family wasn’t interested (or in your case MadeinYorkshire, might find it impossible to find the fees). This extended to selling the person’s home and paying the bills in the meantime. The local authority made no charge to the family for the work involved, when eventually the person died, but things may have changed in that respect.

win Thu 23-Nov-23 16:09:44

Sago is correct you need to apply for Deputyship, it can take up. to 12 months togo through, but if you do not apply the authorities take over and charge accordingly. Once you get deputyship you have to account for every penny you spend of your mother's money, and it all has to be spent in her best interest. It sound horrific, but once you get it all under control it becomes easier. They can ask for records each year but seldom do. Good luck with it all, breathe and ask for all. the help you can get. Ask your local LA for carers support sign up and use them. This is for you. Your LA should support anything to do with your mother. This is why everyone should have POA set up as soon as they possibly can. The same thing happened to me when my late husband had a debilitating stroke, was totally paralysed and never spoke again, yet happily lived at home with me for 11 years. Your mother may just be in the current care home for assessment, usually 6 week which is paid by the LA. She should have an CHC assessment to see what funding she is entitled to before any financial assessment is done. Decline to top up and decline to. give any financial information before the CHC checklist and assessment has been done. It is your right, it should be done prior to hospital discharge. No ifs and buts.

campbellwise Thu 23-Nov-23 15:52:55

Age Uk 100%.

MadeInYorkshire Thu 23-Nov-23 14:43:07

Sago

MadeInYorkshire

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

Top ups cannot come out of the estate.

In that case there won't be any then sadly ....

Madmeg Thu 23-Nov-23 14:42:44

I must agree with FFion to look after yourself. As an only child I found the stress immense (though in some ways it was a help that I didn't have siblings squabbling over my choices) - and I am usually a well-organised practical person. I suffered a stroke the day after she went into the Home. Take time to relax and let it wash over you a bit. xxxx

Ffion63 Thu 23-Nov-23 13:56:46

CrazyladyC I do hope you get all this sorted. Can I just make a wee plea that you look after yourself throughout this process? I found it one of the most difficult times of my life when my dad had to go into a home. I’ve suffered ocular migraines ever since. Please take care of yourself. You’re important too. Sending love and 💐

Sago Thu 23-Nov-23 13:26:41

MadeInYorkshire

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

Top ups cannot come out of the estate.

MadeInYorkshire Thu 23-Nov-23 13:10:36

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

Germanshepherdsmum Thu 23-Nov-23 13:02:46

Babamaman

Hi, this will be a bureaucratic nightmare. Try and find a solicitor, maybe yours. Get proper legal advice. Her home will probably be taken back.
Good luck

If you read the original post you will see that the mother is unable to return to her home. There is no need to consult a solicitor in a case such as this. Talking about ‘a bureaucratic nightmare’ is unnecessarily alarmist.

Nannyof4mummyof2 Thu 23-Nov-23 13:01:57

Hi i am so sorry to hear this same happened in our family you will meed to inform the local authority or housing association of the situation say its temperary and you dont currently know how long she will be there once you know for certain you can get 1 or 2 weeks to clear the property if theres any equipment eg a wheelchair or bath seat you will will either the lender or an ot to arrange collection get a notebook write everything down phone numbers conversations action taken also meter readings if anything is left in the property the council will clear it and some will charge some wont good luck x

kjmpde Thu 23-Nov-23 12:09:33

Contact the stroke association.

Saggi Thu 23-Nov-23 12:03:52

Contact DW P and tell change of circs ….they will cancel everything but her state pension. The OPT ( older persons team) for you area are a good source of information.
It’s not as difficult or complicated as some make it sound . My husband had to go into care a year ago ( Alzheimers) after my third stroke ! …. and worsening arthritis!
I contacted DWP and they sorted it out …he was claiming attendance allowance only