Local Authority Funded Care - The Myths and the Facts
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After your social services department has provided you with a section 47 assessment of your care needs and assuming that the result is that you need residential or nursing care the next stage is a financial assessment to decide who the care required should be funded.
If your financial assessment shows you to have less than the local authority funding limit (£23,250 for 2010/11) then your social services department will be responsible for finding you care and your local authority will fund your care in full.
Can I Choose My Care Home?
In theory yes; but in practice no.
The National Assistance Act 1948 (choice of accommodation) Directions 1992 states that you have a right to choose your accomodation provided that
- ~ a space is available
- ~ the accommodation is suitable for your assessed needs
- ~ It does not cost the local authority more than usual for the accommodation of someone with those needs and
- ~ the home agrees to the local authorities terms and conditions
Price is normally the problem. Local authorities typically pay less than the private rate in most care homes and hence the choice of homes that have a space, meet your needs and will accept local authority funding is normally limited.
Will a local authority funded care home be horrible?
This is a myth. Local authorities usually place people in the same care homes as privately funded residents. Local authorities have significant buying power and can agree to bulk buy care beds and therefore get them at a lower price. You are unlikely to get the best room in the care home but the standard of care and cleanliness should be the same as for everyone else.
Will my local authority home be miles away from my friends and family?
Your local authority social services department are not there to make your life a misery! They will normally work with you to try to find a care home that is local to you and that you like. There will occasionally be times when the only suitable bed is located a little distance away.
Can I choose my own home and pay the difference?
No. If the local authority are funding your care you are not allowed to ’top up’ their payments from your remaining funds.
Can I choose my own care home and someone else pay the difference?
Yes, if you have family, friends or a benevolent society who will pay the difference between the local authority rate and the private rate you can choose where you live. Remember that this is an ongoing commitment over many years.
Do I get to keep my pension?
No. When your local authority say they will fund the care in full they actually mean that they will top up your income to their care funding limit. They will take your pension, attendance allowance and any private pensions or other income and leave you with spending money (£22.30 a week 2010/11). If you are married or in a civil partnership some money will be left for your partner. Please see our section on couples for details.
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