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We are now in the same position with Dad, being asked to pay a top-up. Dad is 95 has dementia and after the loss of Mum has in his wellbeing section of his care plan the need to be near his family, as they are 300 miles away. The care homes in the new area are more expensive, so we are being asked for a top-up, which I can not afford.
Therefore, you could find yourself paying more each year to cover the difference in fees. Bayada has about 360 locations in 23 states, as well as offices in various other countries across the world. Like Care Advantage, Bayada is both a provider of home health care and personal care services.
What are the rules for care home top-ups?
Local authorities are responsible for top-up arrangements. However, many such arrangements are made between a care home and a relative – with the local authority out of the picture. Care home top-up fees should only be paid by relatives who are able and willing to pay them. About your care needs or the funding available to meet those needs, read our article for guidance on your next steps.
And they, in turn, believe another less expensive home can accommodate you equally as well. To challenge the request, you can use the council’s complaints procedure or seek legal advice. There is a time limit for using each of these procedures, so it’s important not to miss these deadlines. See our pageComplaints about care and health servicesfor more information. However, if there isn’t a cheaper care home available that can meet your care needs, the council will have to increase its contribution to your personal budget to cover the care home fee increase. Check for information about fee increases in the contract with the care home.
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They were alone with him for all of ten minute afterwards. The outcome was that between them they didn’t think he was ill enough to have N H continuous funding. The Council would pay for nursing care leaving me to pay for the room. Top-up fees are an option for the family and friends of care home residents whose fees are partly or fully paid by their local council. The council sets a rate which must cover the cost of care for the resident in full. Top-up fees are intended to be a voluntary payment by relatives for ‘extras’ such as a larger room or a nicer view.
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Given that you already have a specialist solicitor acting for you, I would discuss this with them too and get them to fight your corner on this. My father has been recently turned down for CHC funding at a farcical multidisciplinary team meeting, where they lied and hid damning evidence of my father’s behavioural records. On the plus side, I had an advocate from a specialist healthcare solicitors present and they are very confident we will win when we get to an independent panel, so hopefully will beat them in the end. “We will implement these carefully and have already sincerely apologised to the family involved and organised a refund of the top-up fees they have paid to date. She has now been awarded Continuing Healthcare but the care home have told me that I will still have top up fees to pay but not as much as I have been paying. We’re still trying to sell the house, but thankfully the care home have allowed us to rack up a bill to be paid as soon as the funds are available.
The council are likely paying £570 or more a week and your mother contributing £181 from her pension. There is a formula used to give her an allowance for personal items which isn’t much (about £25 pw) but is deemed to be sufficient for essential toiletries, cloths and items not included in the care package. There should be a ‘Financial Assessment’ letter from the council showing how the funding has been calculated.
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If you need further support, our Care Concierge service is on hand to provide guidance on typical care costs, help you explore your funding and benefit options, or even negotiate care fees on your behalf. Hi Deborah,I assume that there has been a NHS checklist or CHC assessment done before this need to send your loved one to a home? Are the charges of the one nearest similar to others in the immediate area? If they are then there is little that the Council can do regarding so called top ups.
Wayne – Has she been properly assessed for NHS Continuing Healthcare funding? If not, she may not need to pay a penny in care fees or in back charges. I can only say that neither the home or the council can ‘demand’ topups whether now or backdated unless they have been agreed in a contract with both the home and resident or funder. My experience is that many try it on banking on the lack of knowledge of relatives but you should know your and your mother’s rights and stick with them. Assuming he left no property or other assets life insurance etc then it is up to them to sue the estate ( from what you say value £0) for any outstanding debts unless someone else had contracted to pay his care home fees.
The social worker was adamant that I be able to afford the top up, so obviously Council, NHS and Home all collude in this. If it is simply so that they can get him out of hospital for the NHS, then I would be very concerned that he appears to require a nursing home but, that the Council will expect him to pay for what could be NHS care. Sadly you and your mum need to start thinking in terms of her being to a degree financially separate from your dad.
You want to stay in the same home, but the local authority believes your needs could be met in a less expensive care home. You would prefer to live in a care home that costs more than the council is prepared to pay. A top-up fee can enable someone to live in the best care home for their needs, even if the local authority is not willing to meet the full cost of the chosen home. If the third person paying for the care home accommodation can do so no longer then they will have to inform the council.
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