Anyone know anything about the deferred payments scheme?

[Noitsnotteatimeyet]

My dad's been in the extortionately expensive home for a couple of months now and has accepted that he can't go home. We've put his flat on the market but despite all the estate agents we saw telling us that it would be snapped up in no time so far we've only had one viewing.

The local authority where the home is offers the deferred payments scheme, whereby they pay the fees in return for a charge on the sale of the flat. Unless we can sell the flat in the next three months were going to run out of money as my dad's income doesn't cover the fees and some of his savings (which is counted in my affordability reckonings) are locked up until October.

However I've been in contact with them and so far not heard anything back. Before I start chasing them does anyone know if I should be talking to the LA where the home is or the LA where he was living before going into the home? Thanks

[hatgirl]

Did the LA he came from complete an assessment and place him/ suggest this current care home even though he is funding it himself? If so then it is them that you need to approach about deferred payments.

If you/he as a family arranged it yourselves privately with no involvement from social services then it is the current local authority you need to approach.

When you ring the local authority ask to be put through to the finance dept that manages residential care home funding rather than adult social care.

[Noitsnotteatimeyet]

Frustratingly both local authorities are adamant that he's the other one's responsibility

I was reduced to tears on the phone today and am still none the wiser

[hatgirl]

If both local authorities are disputing his 'ordinary residence' then the Care Act 2014 is quite clear about who should take responsibility in the meantime

Responsibility for meeting needs whilst dispute is unresolved:

2.—(1)The authorities must not allow the existence of the dispute to prevent, delay, interrupt or otherwise adversely affect the meeting of the needs of the adult or carer to whom the dispute relates.

(2)The local authority which is meeting the needs of the adult or carer on the date on which the dispute arises must continue to meet those needs until the dispute is resolved.

(3)If no local authority is meeting the needs on the date on which the dispute arises—
(a)
the local authority in whose area the adult needing care is living; or
(b)
if the adult needing care is not living in the area of any local authority, the local authority in whose area that adult is present,
must, until the dispute is resolved, perform the duties under Part 1 of the Act in respect of the adult or carer as if the adult needing care was ordinarily resident in its area.

So go back to his current local authority and tell them that until they have resolved the dispute with the LA he came from they need to fund in the interim.

[hatgirl]

sorry there was a bolding failure there!

[Noitsnotteatimeyet]

Thanks hatgirl that's very helpful - back to the fray today ....

This whole process is not helped by the fact that it's really hard to get to talk to someone in the first place ...

[hatgirl]

Who have you managed to speak to so far? Is it customer services, adult social care or finance?

My original advice to ask to be put through to finance doesn't hold if there is an ordinary residence dispute, they just won't deal with that.
You most likely need to speak to someone sensible in adult social care who has a grasp of the ordinary residence rules.

Unfortunately because it is about funding rather than meeting immediate care needs it won't be a high priority so it may be a few weeks before you hear anything back. That is the nature of adult social care at the moment I'm afraid!