How can they do this?

I am so very sorry that you are having to go through all this extra worry, what really angers me though if you and OH hadn't worked all your lives and if you hadn't brought your house we wouldn't be having this conversation, the care would be provided by LA. The system really needs a complete overhaul. I lost my mum in May 2018, the HMRC have only now closed her case as satisfied, but it had entailed selling her house to satisfy the Inheritance Tax and it just seemed that every email and letter was to give us another bill. Maybe way forward is not to work, or save, or try and help yourself because down the line it will cost you dearly !! I hope Lucky that you can appeal and get more help. xx

I was told your home is not taken into account if a close relation is living in it.

The problem is, Fiachna we don't have any MPs at the moment and this sounds quite urgent.

My mum was in blind care home. I sold her house to help pay along with her pension, when it ran out they (ss)were going to chuck her into hospital. I fought and eventually they renagued and agreed to pay the top up, but only after 2 doctors said she would not last more than a year. It was a terrible strain, as was a single working parent by then.

The £950 a week they SS are demanding is an amount designed to subsidise others who have no resources of their own. My dear mother was in residential care, and though she had to forgo all but £30 a week of her pension, her place 'only' cost £400 or so a week beacause others who had real assets were paying the rest.

While I loved my mother dearly I have to acknowledge that every spare penny she had went on alcohol and cigarettes. It did seem a bit hard on others who led a more prudent and frugal life. (Speaking as someone who is living, of necessity, a very prudent and frugal life.)

I can only reiterate; seek legal advice as soon as possible; care packages are a minefield and social services rely on excessive fees from those who pay to subsidise those who don't; it is simply better hidden now than in my Father's time, when he paid the full amount and it was openly used to subsidise others, (and the Home owner's son's flying lessons.)
Have you considered viewing the care home they suggest; the fees you are paying are high and are you sure all of it goes on your husband's care? I thought nursing care was free, but it all needs confirming. An MP at present won't be able to give much time, but after the election definitely ask for an investigation.

local MP idea

Sorry if my suggestion was a bad one Luckygirl. Like I say, I don't know anything about equity release. You don't give a thought to these things until something like this happens to you do you. I just hope you can find a way round all this.

I think the local MP is a good one. Shame there is a so and so general election getting in the way of things at the moment.

I am so sorry this is happening to you. It must be a nightmare.

I have a tiny pension and using up all OH's pensions for the fees leaves me with the same big house to run with less money to do it with. That is particularly relevant now that I am having to use the heating. The bulk of the top-up is coming out of my own savings - he has none left now as I have had to spend it all on care.

Thank you for supportive posts and advice.

I have been down every avenue and have an appeal pending for continuing health care funding - I appealed many many months ago and still no decision. But he has since had a further CHC funding assessment recently at the request of LA - trying to wriggle out of any contribution - and that too is (I hear on the grapevine) going to be turned down.

It is all a numbers game - they take half my OH's pension as part of their calculations, and then have the rest as part of the third-party top-up.

I have received a small amount of free solicitor advice on CHC funding; and I have decided to avoid the no win no fee company as if they win they take a huge percentage of the money won.

I know that if I sell house and move then OH will fall outside any LA contribution at all; but that is offset by the huge interest payments for equity release (which would be the only other way to raise some money on the house). I would rather move nearer my friends (as I am now on my own) than pay out to an equity release company.

I am of course daunted by the prospect of house sale etc., but it is the only logical route that gives me peace of mind in the knowledge that I have money there to pay the top-up.

I have had all the right advice; I just felt so hurt yesterday that they can send out such inhumane communications - they forget that there are human beings in distress in the middle of all this. I had just left him really miserable yesterday and just the thought that they might consider trying to move him if my money runs out hit a raw nerve.

I have just seen this Lucky, so sorry you have received such an inhumane letter. We were cheated out of thousands of pounds by the LA because I filled out a form wrongly for my dad. They grasp at straws to save money.

I have no faith that Boris or any of the other clowns will improve matters.

Luckygirl, so sorry that you're sadness, stress and struggles continue.
Hetty58 seems to be more up to date than we retired former sw are. I agree with the suggestion you don't sell your house and also that you take the letter to your MP.
My experience in l.a. (and I'm sure yours as well) was that a letter to the Director from an MP = instant action and usually apologies, plus a re-evaluation of the situation
It is of course infuriating that those of us who saved towards our pensions and were lucky enough to buy a house feel punished when we're in need.

They can’t compel you to sell your house as you are living there.

My understanding is that you have to pay the top up until your savings drop to around £23,000 at which point the state steps in.

It’s a terribly unfair situation which Boris has vowed he will put an end to.

Let’s hope he keeps his word.

The unfairness is compounded by the fact that those who have squandered their money all their lives or who have sponged off the state, pay nothing.

I know how you feel, we used all of my mother in laws savings on her home, we then set about selling her retirement apartment (at a massive loss) with us trying to keep the payments up in between, when the sale fell through, social services eventually said they would pay, but on the sale of her apartment it had to be repaid. She died with nothing, I don’t know what would have happened if my father in law was still alive, he’d have been homeless and destitute.

Oh Lucky - it just goes on and on for you - I'm so sorry! Please do ensure that you have the correct advice and information. If you do need to employ a solicitor to help they will sometimes agree to attach a lien to your home so the payment doesn't actually get made until after your home is sold.

And another thing (sorry) I would advise against selling your home. If it's jointly owned, he'll become responsible for paying all his fees with no contribution from the LA!

I think I would be paying a visit to the local MP and take the letter with you. That's terrible.

If you are self-funding (have no LA contribution) then you continue to receive Attendance Allowance. The value of your home cannot be taken into account if a relative, aged 60+ lives there.

Different rules apply to temporary and permanent residents. You can be temporary for up to one year and it's often an advantage.

What happens: the NHS tries to offload responsibility to the LA - who try to make you pay. That's why you need the solicitor - who can reclaim funds, even to your estate!

NHS continuing care:

www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/nhs-continuing-healthcare/

Challenging a local authority:

www.which.co.uk/later-life-care/carers-and-caring/making-a-complaint/challenging-a-local-authority-decision-agtrl6d372y2

SS not AS

Luckygirl they can only take half your H's private pension, all his state pension and yes, you lose AA.
AS tried to tell me they could take all my H's private pension ,rwivpce.
Twice I told them they were not allowed and got the appropriate Age Concern leaflets.
They had to say I was right.

They are trying it on - it's what they do. They cannot demand a top up - it's voluntary. Speak to the home manager and contact a specialist solicitor (with no win no fees, like Farley Dwek) to apply for free NHS continuing care.

That's beyond belief, though of course I totally believe you.

Do you feel strong enough to go to the newspapers about this?

Have they interpreted the rules correctly?

If they paid their upper limit, then your DH's pension was paid direct to the home on top of that, your contribution would be more manageable.

Surely this can't be right?

I don't know what to say but this just sounds so heartless.

I thought you had not long moved with all the expense it entails; is there any way you can raise a loan (I wouldn't recommend equity release at all) so that you can concentrate on your DH and his wellbeing, and yours too, for the time being? That way you wouldn't have the upheaval and dreadful worry of trying to move again at least just yet.

So basically their so called ceiling is actually £238 ?

DH’s pension makes up the rest .

How cruel would it be to put him through a move like this ? How upsetting for you too Lucky .

Those that make these heartless rules will never find themselves in the same position though will they ?