You may be entitled to a 12 week property disregard if you are entering care for the first time and the Council has assessed you as being eligible to receive care in a care home.
You will not be entitled to the 12 week property disregard if you are already in a care home when your capital drops below the upper threshold of £23,250, unless your property becomes unexpectedly available for consideration within your financial assessment.
Further information is available from the City of York Council 12 Week Property Disregard leaflet
If you have been assessed as eligible to receive care in a care home setting and have savings below the upper threshold of £23,250 and own a property you may be eligible for a Deferred Payment Agreement. This is an agreement between you and the Council that is designed to help you if you are unable to access your money due to it being tied up in your property.
Further information is available from the City of York Council Deferred Payment Agreement Schemes leaflet
If you do become eligible for financial assistance from the council to meet your care costs, the Council will ensure that your eligible needs are met.
If you choose a home that will not accept City of York Council rates at the point whereby you or your relative may be eligible for financial support (when your savings drop to £23,250.00) then you will need to give consideration to third party payments.
If City of York Council assess you as being financially eligible and a Supported Self-Assessment determines you are eligible for a residential or nursing placement, a third party contribution will need to be paid to cover the extra cost of the placement.
If the placement is for you then neither you nor your spouse will be able to pay the third party top up.
If there is no one available who can pay a third party top up then you may need to consider looking for an alternative home that does accept City of York Council rates.
Some homes are willing to accept City of York Council rates once funds drop to the £23,250 threshold but it is recommended that you have that specific conversation with the home when determining which home is suitable for you as this will avoid the possibility of a move later on.
Whoever is paying the top-up will need to sign a written agreement that they are willing and able to meet the difference in cost and will continue to do so throughout your stay. Prior to signing the agreement, the person paying the top-up will have to satisfy the Council that they can afford the weekly top up amount (the financial circumstances questionnaire asks for details of their assets and liabilities, as well as their income and expenditure). If the person paying the top-up cannot satisfy the Council that they will be able to afford the top up for the likely duration of your stay, the Council will not agree to arrange care and support in the preferred accommodation.
Any move to other accommodation will only happen after a Social Care Assessment of your needs has been undertaken to make sure that other accommodation is right for you.
It is against the law to intentionally give away or decrease your savings or property (your assets) in order to avoid paying your care fees. Local authorities will only fund care after a thorough financial assessment and they can refuse to fund care if they believe that “deprivation of assets” has occurred.
Last reviewed: 18/12/2019
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