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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 8837
Experience:  Dual qualified Solicitor and Attorney
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My mum is based in the England-UK (Leicester City Council

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Hi, my mum is based in the England-UK (Leicester City Council Authority), she is 79, with mid-stage Alzheimer's. She currently lives at her joint-owned home with father, where I also live (now for short-term), and where I have been providing all care for my mum. In terms of current benefits she gets and has claimed for, they include:- State Pension
- Guaranteed Portion of Pension Credits
- Accessibility Allowance (the Higher Rate Band)
- Full Council Tax Exemption
- Gov. Winter Fuel Paymentsand she has savings of around £2,000As she is gradually starting to deteriorate with her Alzheimer's I am unable to care for her any more, as I have also been trying to balance working (unpaid - and still for another several months, before substantial salary starts) from home for a major new international digital infrastructure business, so need to move her into a care home.Social Services will be funding x-amount for my mum's care home fees, following up-coming assessment based on mum above profile, once in a care home that is semi-funded by social services with the remainder of the care home fees (top-up fees) covered through other routes - I understand that several of her existing benefits will be used by the council to help pay her semi council-funded fees to the care home.So the first question is: what current benefits will she have (any of her existing benefits, or new ones she could have already applied for and can still do so in care home setting, or news ones that she can now that she is moving into care home) to use for herself when moved into a care home that is social services funded (semi, with the remainder care home fees (top-up fees) through other routes/mechanisms)?The second question is, for the remainder of the care home fees (top-up fees) after social services funded portion, does the council typically offer and set-up a deferred payment plan (loan) against her 50% share of house once sold - either once dad has downsized, later gone into care himself, or passed away?Please reply urgently, and thanks in advance. Kailesh

Hi Kailesh, there is an explanation on benefits that can be paid in a care home: https://www.turn2us.org.uk/Benefit-guides/Care-homes-and-benefits/Benefits-that-can-be-paid-if-you-live-in-a-care-ho

In terms of the care home fees generally speaking where the spouse of the person in care is still residing in the marital home then that is not taken into account in terms of funding care. Therefore, if there is a shortfall in the benefits received and the council payment then the council should pick up the difference.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
Thanks Jeremy, re. your second paragraph, does the council still pick up any shortfall in care home fees, if I want to opt for a care home (that also accepts council and/or private funded residents), BUT is different from the care home that they judge meets mum's needs for maybe lower cost? I'll check that link out as well, and rate your top response and responsiveness upon your further reply. Thanks in advance, Kailesh

Hi thank you for your message, my understanding is it would need to be council approved which does not necessarily need to be the cheapest but it is also not a free choice. Therefore, if there is one that takes council and private residents that is likely to be one that they will accept if you speak to them but obviously it is not guaranteed. It would be worthwhile obtaining from the council's adult care team a list of council approved care homes so you can look to find the best one and also where they are located for example what is the closest to your father and you. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 1 year ago.
Hi Jeremy, thanks - both of the two care homes on my short-list accept both council funded and/or private funded residents, with one of the care homes in the Leicester City Council Authority Area (which is the same area as where my mum currently lives at her house, and this home has a fee of £1,000pw less the council-funded element - if they don't cover the full fees), and the other in the Leicestershire County Council Authority Area (where this care home confirmed today that they have existing Leicester City Council funded residents also, and this care home requires £100pw top-up fees after the council funding). Where the reason for these two being shortlisted are specialist Alzheimer's care.I don't have income from massive infra startup just yet, but when I do in the next several months, I'll track you down again on this platform and contact you again to tip you handsomely for your valued help at this time. Thanks, Kailesh

Hi thank you for your message, glad I could help and I hope everything works out well.

Customer: replied 1 year ago.
Hi Jeremy,A few further specific questions concerning English Law and UK Government Policy:1) When my mum is already medically certified as having Alzheimer’s Disease since around 5 years, and that fact also already known from outset and continually by our adult social services local government authority, and where I and all my siblings have shared POA (Health & Welfare and Financial) for my mum, are local government authority social workers able to state to me “we can only transition your mum into a council-supported care home environment - A) for the initial assessment period of around 4 weeks, AND B) long-term beyond that initial assessment period – if my mum agrees to this process, where we as social workers (i.e. not medics and i.e. not referencing earlier medical conclusions/statements) ‘test’ her mental capacity with a visit at our house to understand a few times with questions like – what street do you live on repeated at intervals” ?
2) If my mum is in receipt of in particular the Guaranteed Portion of Pension Credits (along with State Pension, Full Council Tax Exemption, Winter Fuel Payments, and the Highest Band of Attendance Allowance (i.e. support for her & her needs while (previously) living at home) and has savings of less than £2,000 and owns 50% of a c£170K value home with my dad (intending to still reside there), then for the INITIAL PERIOD (4-6 weeks) of her care needs assessment period by the local authority while my mum is placed in a care home setting:
a. If that INITIAL ASSESSMENT PERIOD care home selection is at one that I and my siblings have agreed is the optimal care home from my mum’s holistic perspective, is based in the Leicestershire County Authority as opposed to my mum’s Leicester City Authority area, and where that care home has already confirmed that they have previously had residents for initial council-supported assessment and long-term placement that came from the Leicester City Authority area - BUT NOT the care home my mum’s Leicester City authority would normally use or advise for the INITIAL ASSESSMENT PERIOD. Then is my mum’s local authority legally obliged to 100% fully cover her care home fees and any other fees during the INITIAL ASSESSMENT PERIOD, WITHOUT them touching and using any of her existing benefits, savings, or 50% (deferred paid) home asset irrespective – short, medium, or long-term to cover the INITIAL ASSESSMENT PERIOD?
b. Similarly, to a.) above, BUT IN the care home my mum’s Leicester City authority would normally use or advise for the INITIAL ASSESSMENT PERIOD. Then is my mum’s local authority legally obliged to 100% fully cover her care home fees and any other fees during the INITIAL ASSESSMENT PERIOD, WITHOUT them touching and using any of her existing benefits, savings, or 50% (deferred paid) home asset irrespective – short, medium, or long-term to cover the INITIAL ASSESSMENT PERIOD?
c. If mum’s council-supported care home selection for INITIAL ASSESSMENT PERIOD is the one we prefer, then is there an upper figure of cost coverage support by government, and if so, is it different than the amount of cost coverage support by them had it been at the care home the local government authority prefer for INITIAL ASSESSMENT PERIOD, or is the upper figure the exact same irrespective?
3) For the LONG-TERM LOCAL GOVERNMENT-SUPPORTED CARE HOME PLACEMENT scenario for my mum, i.e. post-initial assessment period, if there is a short-fall in local government funded support compared to that of the care home weekly fees, for the care home we opt for (that accepts council-supported residents), where local government would also naturally start to absorb all my mum’s benefits towards weekly care home fees, can solely this shortfall in weekly fees be covered by a deferred payment plan via council or equity release plan, or is even some of the local government ‘supported amount’ drawing upon a deferred payment plan against her 50% of home, if her absorbed weekly benefits amount is less than the upper amount the local government would ‘fund/support’
4) What happens when a local government deferred payment scheme is used against mum’s 50% share of her house, and that asset value gets used up, will the local government have the legal right to move my mum from the government-supported care home placement of our choice she was earlier based at upon initial assessment period, to a different care home at that later stage?
Customer: replied 1 year ago.
Thanks in advance, and please reply to all specific points in the context of English Law and UK Government Policy, without referring me to general area information sites, as I am caring alone for both elderly parents at the moment, and have little time and need to move with decisions urgently concerning my mum, and further please do not advise me to discuss above generic matters with my mum’s local government authority, as they don’t seem to have consistent and clear answers and I don’t want to trust or rely upon them and their own agendas that are not in the human-centred interest of my mum as a person.Kind regards, ***** *****

Hi Kailesh, please post this as a new query and someone will respond when they can

Customer: replied 1 year ago.
Okay Jeremy, have also posted as a new question on platform. Thanks, Kailesh
Thanks