Please or to access all these features

Dementia and Alzheimer's

Mumsnet doesn't verify the qualifications of users. If you have medical concerns, please consult a healthcare professional.

Discretionary disregard

6 replies

Grasshopper7 · 14/09/2024 17:55

Looking for anyone experienced in applying for a Discretionary disregard.
Elderly relative needs to move into a care home. They currently live with their daughter who gave up a career abroad to come and care for them 5 years ago. During this period the daughter has had a cancer diagnosis and was unable to work for a period. They briefly went back to work but have now given it up to care full time for relative. Dementia was not diagnosed until after the daughter returned to UK if this is relevant. Daughter is now 57 so almost meets the criteria for a disregard due to their age and also due to various health problems would have met the benefits criteria at certain times.
Relative now needs to go into a care home. Where does daughter stand in terms of a Discretionary disregard?
I feel like surely they would have a very good case but it seems very difficult to get. Any advice or tips would be most useful thank you.

Something else I am unclear on is if deferred payment is applied on the property and daughter stays living there will the mandatory disregard come in once she turns 60?
Additionally it says that incapacity benefit is included for mandatory disregard. I think this has changed to ESA which daughter may be in receipt of, I need to double check. Does anyone know if ESA is included for mandatory disregard?

OP posts:
Gonners · 14/09/2024 19:24

@Grasshopper7 Sorry, I have no actually useful input except to say that I think you may do better to ask on the Alzheimer's Society forums where they have a Legal & Financial Issues section: https://forum.alzheimers.org.uk/forums/legal-and-financial-issues.60/

Putting "discretionary disregard" into the search box at the top of that page narrows it down well.

Grasshopper7 · 14/09/2024 20:12

That's a good suggestion thank you. I have had a look on a similar page. It seems complete minefield with very little information out there

OP posts:
Gonners · 14/09/2024 20:55

One piece of advice we had (from the NHS community mental health nurse, who paid us a visit) was that I should apply for Carer's Allowance. When I said that we don't need that financially (and so couldn't justify it, morally) she said it was a good idea to do it anyway, because it alerted "The System" to the situation. Once you have that, you can apply for a discount on Council Tax, which gets you into the local authority's system. So if the daughter hasn't done that, it might not be a bad idea.

Oh, for a joined-up system, eh?

<on edit> ... I haven't done it, but probably should for the reasons above.

Grasshopper7 · 14/09/2024 20:57

Thanks for the advice . I'm pretty she has already done all this but I'll double check.
It is absolutely ridiculous system. I really feel for anyone trying to navigate it

OP posts:
Gonners · 14/09/2024 21:25

So at least the local authority should be aware of her as a family member and a carer.

And (on the bright side) many local authorities are utterly incompetent when it comes to dealing with stuff like this. A house up the road from us remains empty and increasingly derelict several years after the death of the wife and son, while dad remains in a very good LA-funded Alzheimer's care home. It seems that nobody can be bothered to deal with it.

PolaroidPrincess · 15/09/2024 12:42

There is this in the Alzheimer's Website.

The legal section on MN is sully pretty good too Flowers

New posts on this thread. Refresh page