Appealing regarding using a house as an asset to fund care

[Squitch]

I have been a carer for my mum for the past 6 years, firstly because of mobility issues and then unfortunately she developed dementia 2 years ago. Me and my 4 yr old daughter have lived with mum throughout this until it was just not possible for me to care for her anymore and last November she moved into full time residential care.

I do not meet the criteria for them to automatically disregard her house as an asset but i do have a right to appeal as I have been her carer for so long. I work p/t so if I wasnt living here would need to claim HB etc. In the time I have been living here I have paid all the bills, paid for all the maintainence, bought all the food, household goods, put in a new kitchen, new furniture etc.

I have appealed once and it was rejected. They are now deferring the payments, but tbh that just puts me in a really tough position, the house does need a lot of work doing to it (and therefore a lot of money spending on it) - I am loathe to add any value to the house though when I will see none of the long term benefits.

What I am asking, in a roundabout way, is for some advice on how to make my appeal more compelling (for want of a better word). Also, if I moved out of the house and into rented accomodation would I be able to claim HB? I know I wouldnt be able to ask the council for help with housing as I would be making myself intentionally homeless, but would that effect a HB claim?

Could you not sell (as the house sounds like a liability to you), give the money demanded for care (can't remember the figure - isn't it only 16k?) and buy a more manageable place?

Hi was surprised this is the case! Thought that if relatives were living the house was not used as an asset

I heard people renting houses then using the money to pay for care, so can you not be renting the house from your mum?

Laurie:
Selling the house would probably achieve nothing as it is still Sqitch's Mum's money, and anyone with assets ABOVE 16K has to fund their own care. They don't just take 16k as a lump sum and call it quits!
Even if a new home was bought, I think it would still be regarded as belonging to GM, not Squitch. You can't just give large ammounts of cash/property away, and then go into state-funded care. - it's known as 'deprivation of assets', and the local Authority can still come after you for the money

Squitch:
Try www.ageuk.org.uk/, they should be able to give up-to-date advice. Also try CAB. I think you may have a case, you certainly have a moral one. BUT, I think they are only legally obliged to disregard the house for dependants or spouses - otherwise lots of people would just move into ailing relatives homes for a while, just to stop it being sold off. (not that you did that! I am just being Devils Advocate)

squitch - I have no particular experience - but two things I would say - first, like Dragon says, get as much advice as you possibly can - all the age-related charities, cab, and possibly also housing charities. and secondly, whilst you do indeed have a strong moral argument, you need to make the argument on their terms - be as lawerly as you can about it - read every bit of information you've got on reasons why they may disregard the house/allow an appeal - and make your argument fit their critieria, if you see what I mean. they won't look at it from your pov - they'll be applying their own rules/guidelines/criteria - so that's the key argument, imo, that you need to make.

Dragon - I should have been clearer. The emergency budget is this month and they may allow people to only contribute 8k (as a one-off payment) towards their care.

Meaning the OP could sell, pay for the care and then buy/rent with her inheritance.

I have seen that, and it would be great IF it is allowed.
I'm a bit behind in my money allowances, it's actually anyone with £23000 now not £16000 that currently have to pay for all their care. According to the Direct Gov website, a local authority can choose to let a carer stay on in a house, so(somhow!) the OP needs to find out if her Authority has done this in the past, and see what criteria was used.