Supported Housing. Who pays?

[Chrisfromsheppey]

I have a brother-in-law Paul, (my wife’s brother) who is 36 and is living with his parents. His mum has diabetes and is suffering what seems like dementia, not knowing where she is and disorientation. She is also at times incontinent. His dad is suffering long-term depression and anxiety. They are both in their 70s and realise they should have let Paul go into sheltered/supported living years ago. They are unable to cope with day to day things and having Paul is causing them real problems. Social services are dragging their heals but after several months have started discussing supported living. However my father-in-law (who could well have got it wrong)btold us they cannot let Paul go (not that Paul wants to leave, he is mollycoddled and been spoilt for 36 years) as they will loose their home to pay for Paul’s care and housing. I don’t think this can be right as Paul is 36 and his parents have been caring for him all his life, but can no longer manage. I can’t see how their assets can be taken into account when considering Paul’s needs. Any replies would be gratefully received.

[frances_is_a_sibling]

@Chrisfromsheppey Hi Chris - thanks for sharing this situation. There will be many more people out there in the same situation as you and your wife - you’re not alone. I agree, I would be surprised to hear that Paul’s Mum and Dad’s finances had been assessed - it should just be Paul’s? You don’t mention if Paul is in England - but if so, this may be of help:

https://www.gov.uk/government/publications/care-act-2014-part-1-factsheets/care-act-factsheets

Factsheets about the Care Act - have a look at Factsheet 5 about charging and financial assessments.

If Paul lives in Scotland/Wales/NI - different information will apply.

Take care and let us know how things go,

Best wishes
Frances

[vectis]

A financial assessment would be based on Paul’s income and capital only. Make certain they don’t leave him any money directly for him in their will, but set up a “Discretionary Trust”. Assuming he’s on benefits and income support, his housing would be paid for by the LA with Housing Benefit, and due to “severe mental impairment” he’s exempt from Council Tax. He would get Income Support, ESA plus his disability benefits. Encourage them to do it asap whilst they are still around to support him during the move, and settling in period. My son is 39, in supported living, so this is my own experience.

[Chris]

Dear Chrisfromsheppey,

I am concerned at what you have been told.
In my understanding, Paul is a vulnerable adult, and your local authority has a duty of care to him. I believe similarly for the parents also.

As others have mentioned, your in-laws should not lose their home to pay for their son’s care; it is him and his finances that will be assessed and not the parents.
It is becoming ever apparent that social workers from all areas of The UK do not understand The Care Act or many other pieces of legislation, even the social worker’s code of practice appears to elude some.

Request in writing an assessment of Paul’s needs, as is the legal obligation of your local authority under The Care Act.

Regardless, I hope these links may be helpful:
https://www.nhs.uk/conditions/social-care-and-support/local-authority-funding-for-care/
https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance
https://www.scie.org.uk/care-act-2014/assessment-and-eligibility/

As a side note, I would check whether there is a power of attorney for Paul’s health and wellbeing and also property and finance, this would make things a lot easier when dealing with his affairs.
I would also do so for his mother, particularly if it appears she may be starting to get dementia.
I am not medically trained, but it may be possible that your mother-in-law is not starting to get dementia and something like B12 deficiency is the issue, I would check with her G.P. particularly as she has diabetes. If it is, unfortunately, dementia starting then she also should have an assessment of needs.
Worth noting in her case is that The Care Act 2014 abolished The National Assistance Act 1948, so she would not have to worry about losing the home and be moved into care, this section: https://www.legislation.gov.uk/ukpga/2014/23/section/46
Your father-in-law should also have an assessment, or if he is caring for his wife a carer assessment, this is also in The Care Act, here: http://www.legislation.gov.uk/ukpga/2014/23/section/10/enacted

Hopefully this is of some help to you, Paul and his parents.

Chris

Please share the website and blog detailing the inadequate care and support provided to my vulnerable autistic brother by Herefordshire Council and The Priory Group. Thank you.

blog - While in Care

care and support provided to my adopted brother inadequate

[SarahL]

Hello @Chrisfromsheppey How are your brother-in-law and his parents getting on? Were any of these suggestions helpful? Thanks Sarah