Are You Being Charged Top-Up Fees?

If you have an elderly relative who is resident in a residential/nursing home it may well be that you have been asked to contribute towards the cost of their care.

Claire Davis, Solicitor and Partner in charge of the Elderly Client Department at Howells Solicitors with offices in Cardiff, Newport, Swansea, Caerphilly, and Talbot Green believes that, in many cases, these charges are being sought without foundation and that, in some circumstances, the Local Authority are ignoring their obligation to meet the higher charges.

Claire says “The area of third party contributions is complex but it is often the case that an individual is placed in a home, and funded by the Local Authority, where the weekly charge is higher than the contract rate paid by that Council. In such circumstances investigation needs to be made as to whether or not there were any other suitable alternative homes which would provide the same level of care in the best interest of the individual concerned. Where another suitable home is available and is cheaper then it is quite legitimate for the Council to seek what is known as a third party contribution from the liable relatives of the resident. However, in many cases, there may be substantial arguments as to why the home, chosen by the Local Authority, is the only home suitable for the resident’s needs.

Where an individual is being funded, by the Local Authority, there are rules and regulations which make it quite clear that the Local Authority cannot demand “top up” fees from a liable relative unless the proper procedures have been followed.

Claire continues “It has come to my attention, over recent months that, in addition, there are individuals (who have been resident in homes for some time and are now being funded by the Local Authority after their savings have been depleted to the required level) who are not receiving the required assessments as to their needs in order to ensure that the third party fees are being charged legitimately.”

Care homes are finding it increasingly difficult to balance their books when the Local Authority rate is substantially below that which it takes to operate and manage a home efficiently. Without addressing the issues generally there will be many more homes that will close or many more individuals and their families who are applying towards the care of their loved one when they should not be doing so

Claire concludes “I am also concerned at the number of individuals who are very probably paying substantial top up fees (I have heard of one case of £90.00 a week) where the Local Authority have either failed to undertake an assessment or have simply relied upon the “ignorance” of those concerned on the basis that relatives will not want the risk of their loved ones being moved and will simply choose to pay even if this causes financial hardship?”

If you feel that you are being asked to contribute towards the care of your loved one and that you may have cause to dispute that claim and require further advice on the matter then Claire can be contacted at Howells on 01633 227960 or by email at claire.d@howellslegal.com