Is this dodgy?

[CareHomeFees]

The mother of my dad’s wife went into a care home recently, and dad recently mentioned that, following a financial assessment, she’s now going to be given state funding for her fees. I’m a little baffled though because as far as I’m aware, her mother owns a house which her grandson (dad’s wife’s son) is currently living in. Surely she should be made to sell the house?

I’m a little suspicious that the house wasn’t declared on the form however before I speak to my dad about it, I just want to check that I’m not missing anything here and that there could be an honest reason as to why her mother is entitled to state funded care while in possession of a house?

If she is being dodgy, is there any way in which she could be caught or made to pay the fees at a later date? Could my dad get embroiled legally in this if his wife has made a fraudulent claim?

I’m not at all familiar with any of this so help would be appreciated.

They might be deferring the fees until sale of the property or she passes? Could she have done equity release and there's bugger all in the pot or transferred ownership years back? If they are pulling a fast one they'll probably get caught as financial forensics are pretty thorough. Is the grandson a vulnerable person? Also some conditions are state funded via the continual health funding scheme, rare as they will wriggle out by any means but it does happen.

I'm not a legal person so don't know about the l
implications for your father but unless he's complicit then can't see why. I guess she'd be made to pay the fees back & possibly legal costs & that could impact your dad financially.

I don't think it will fall upon your dad if there is a problem. Either there's a legit reason, or they may get found out and forced to sell the house. Presuming it's in his wife's mum's name, and your dad isn't on the deeds, it shouldn't affect him financially. At least not personally.

There are certain conditions fully funded so she may qualify for that. There are very thorough with their assessments

Thanks all for your replies, they’re reassuring and very helpful.

I’ve no idea if equity release or early transfer was done but both are possible. Grandson not vulnerable, no.

Does anyone know how thorough financial forensics are or how they operate?

From what I've gleaned over the years they are pretty thorough in following a money trail & go back years if they suspect fraud. I guess they've seen all the stunts people pull. I had to rent out my dad's home to offset his care fees (at a fair rent I might add before a landlord basher see's this!). The local authority deferred the fees and there was just about enough in the pot for the accrued costs without selling the house. Your stepmother's mum might have good pensions & savings to pay the fees. The home will take any attendance allowance, pensions and leave her with around 25 or 30 pound per week, that's if she's self funding that is.

Thank you @CherryRipe1 apparently her savings have run out which is why she’s now getting state support.

Where was she living prior to going into a home?

@Soontobe60 she moved in with dad and his wife for about a year as she was unable to look after herself.

It’s pretty easy to check who owns a particular house, a quick and cheap search of the Land Registry shows exactly who owns a property and whether there is. Charge against it such as a mortgage or equity release. The LA will check this.

So was she living in the house her grandson now lives in prior to that?

Omg I’d completely forgotten you could do this, thank you @Soontobe60

Yes @Soontobe60
grandson moved in after she moved out.

When we had to go through similar with my grandparents there was a rule that they can't consider the value of the home if someone else is living in it - eg can't make her son homeless by either adding a charge or forcing her to sell. If she lived on her own or all the occupiers went into care homes (like in my situation) then the house value could be considered as part of her financial assessment.

This is for Scotland but I assume it's similar everywhere (we are Oxfordshire)

Looks like it's part of legislation actually!

@lilao hmm ok thank you that’s useful to know and makes sense. Thing is, couldn’t anyone just do that if they want to give their grandchildren a bit of help and they can foresee themselves needing care?

Thanks @lilao yeah I’ve seen that somewhere before, but grandson doesn’t fit into any of those categories!

When my father was discharged from hospital to a Nursing Home, he had thirteen weeks free of charge before they started taking his savings and house.
Could it be that?

I used to work in this job and we did do land registry searches. There's also protections delaying sale if someone lives there and a charge is put on the property. There could be a lot going on behind the scenes

Yes. This might well be the case here. But if it isn't and they withheld information about the house that's fraud.

Hi Piggy, I know that her savings have been used up in her care and I think she’s been in for about six months now.

This is what’s worrying me - that it’s being committed, knowingly or unknowingly, and my dad is going to get into hot water here. He is pretty naive about legal and financial stuff and does have a tendency to bury his head in the sand when it comes to his wife and her family. There’s more to be said about them in particular about her son’s rather parasitic relationship with them but I don’t feel it’s appropriate to put on here.