The number of people who have called Steene Law – desperate for advice on how their relatives can avoid selling their home to pay for care – has snowballed in 2019.
We have written a great deal about self-funding but to quickly recap, anyone who has more than £23,250 in savings is classed as a self-funder. And if they need to go into residential care, the value of their home is also included in this calculation.
We have kept a list of the most frequently asked questions we are asked.
Over the next few weeks, we will share the ‘misinformation, half-truths and downright whoppers’ that relatives and vulnerable elderly people are sometimes told, by those in authority who should know better.
Here are the most commonly asked questions of 2019:
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A: No, not necessarily! Far too many social workers look at a person’s assets, see that they own a home and immediately decide that the person should fund their own care. They will therefore, often wrongly, state that their home should be sold.
This ignores the fact that the person needing care might be entitled to non-means tested Continuing Health Care (CHC).
It also ignores the fact that the property market is depressed, property is difficult to sell and there are alternatives that, by law, a person is entitled to.
For instance, there could be a 52-week disregard, a 12-week disregard and the ability to get a loan at a very low rate of interest from the Local Authority rather than having to sell.
If you are told that you have to sell your parents’ home to pay for care, 0203 653 0623“>call Steene Law.
A: Untrue! If you are awarded CHC it is illegal for care homes to seek an additional payment.
NHS funded care is not means tested and it’s not capped. If you are awarded CHC and are being asked by the care home or the Local Authority to pay extra you should contact us.
A: False on both accounts! If you are told that a person’s illness does or does not automatically qualify for NHS CHC, the person you are speaking to does not understand the law.
CHC has nothing to do with a person’s illness. CHC is about looking at the person and seeing whether they have what is called a primary health need. There is no yes or no answer. If you have been told that your loved one does/does not qualify for CHC because they have a particular disease or illness, this is wrong and you need to call us.
A: Untrue. There are two types of CHC. There is CHC for people who have a primary health need and that entitlement could continue for many, many years.
The second type of CHC is called Fast Track and this is for people who are, rather insensitively, referred to as being in the ‘terminal phase of their life’. Due to budgetary constraints, some local NHS Clinical Commissioning Groups (CCGs) claim that if a person has not died within 12 weeks, they will withdraw the funding. Let us be clear on this point – this is unlawful!
If your relative has been told that their condition is not likely to improve and they may shortly pass away, you should receive Fast Track CHC. If you are denied it or it is withdrawn, call us.
A: Untrue! CHC can be awarded if someone lives in their own home or in a care home. It does not matter where a person lives or how often the district nurse needs to visit. CHC is about identifying a person’s needs and it is irrelevant which clinicians treat the individual and where they are treated.
If you have been told that your relative cannot get CHC because they are not in a care home or because they are not, for example, receiving daily visits from the district nurse, then call us.
In next week’s blog, we’ll share more commonly asked questions and answers.
In the meantime if you are worried about a CHC or a self-funding decision, pick up the phone and call us.
We offer a free fact-finding telephone conversation. Call 0203 653 0623 for a free conversation. We are available from 8am to 7pm, Monday to Friday.