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#895523 18th Aug 2014 12:01pm
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This is quite a long winded post but i feel like i must bring this to the attention of others who may be, or will bein a similar situation with WBC Department for Adult Social Services.

When a person i have POA over entered a residential care home they had assets less than the £14000 threshold for paying for their own care. They had a property worth over that amount.

DASS tried to get the person to pay the full fees from the day they went into care. There is in fact something called a 12 week disregard over the persons home when they first enter care. This means they pay a contribution based only on their income for the first 12 weeks, the value of their home is not included.

When i brought this to their attention the DASS immediately accepted this and paid back the money.

Fast forward to the property now being sold. There are deferred payments that need repaying from the capital now. No problem. However DASS are trying to claim the money that was paid during the 12 week disregard. This is not how the regulations work. A disregard is a disregard a deferred payment is a deferred payment.

I am no expert but i am a reasonably intelligent individual.
The DASS should be the experts. Giving them the benefit of the doubt maybe it is just a one off mistake in our case.

You make your own judgement as to the reasons or motives. I am just stating facts.

Please make anyone you know who may have been in a similar situation aware. How many other, more vulnerable, people have actually paid this money when it was demanded when it shouldnt have been.

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Hi Blueskier - You say 'residential' care . Is it the same for nursing home care? Is the value of savings disregarded for the first 12 weeks or just the house value do you know?

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Hi Venice, as long as it is residential care with or without a nursing element then the 12 week disregard for the property applies.
The disregard only applies to the main property, however there are other disregards, some for 26 weeks, some for 52 weeks but they are unusual.
Savings and other "liquid assets" i.e. savings shares and a like are taken into account.
Dont expect Wirral DASS to do the right thing and inform you, you need to know your rights. Have a look at CRAG regulations.


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